Common use of Claims of the Commission Clause in Contracts

Claims of the Commission. If the Commission, in accordance with the provisions of the Contract, claims any reimbursement, indemnity or payment of damages from one or more Parties (except for claims relating to the matters mentioned in the Contract Xxxxx XX Articles 6(2), 6(3), 7(3)b), c) or e), 26, 27 or 28 which claims shall be solely for the account of the relevant Party(ies) or where the Commission states the claim is to be solely for the account of a certain set of Parties): (a) each Party whose default has caused or contributed to the claim being made shall indemnify each of the other Parties against such claims provided always that the total limit of liability of that Party to all of the other Parties collectively in respect of any and all such claims shall not exceed twice that Party's Project Share - any excess shall be apportioned between all the Parties pro rata to their Pr­oject Shares; and (b) in the event that it is not possible to attribute default to any Party under (a) above, the amount claimed by the Commission shall be apportioned between all the Parties pro rata to their Project Shares.

Claims of the Commission. If the Commission, in accordance with the provisions of the Contract, claims any reimbursement, indemnity or payment of damages from one or more Parties (except for claims relating to the matters mentioned in the Contract Xxxxx XX Annex II Articles 6(2), 6(3), 7(3)b), c) or e), 26, 27 or 28 which claims shall be solely for the account of the relevant Party(ies) or where the Commission states the claim is to be solely for the account of a certain set of Parties): (a) each Party whose default has caused or contributed to the claim being made shall indemnify each of the other Parties against such claims provided always that the total limit of liability of that Party to all of the other Parties collectively in respect of any and all such claims shall not exceed twice that Party's Project Share - any excess shall be apportioned between all the Parties pro rata to their Pr­oject Project Shares; and (b) in the event that it is not possible to attribute default to any Party under (a) above, the amount claimed by the Commission shall be apportioned between all the Parties pro rata to their Project Shares.

Claims of the Commission. If the Commission, in accordance with the provisions of the Contract, claims any reimbursement, indemnity or payment of damages from one or more Parties (except for claims relating to the matters mentioned in the Contract Xxxxx XX Annex II Articles 6(2), 6(3), 7(3)b), c) or e), 26, 27 or 28 which claims shall be solely for the account of the relevant Party(ies) or where the Commission states the claim is to be solely for the account of a certain set of Parties): (a) each Party whose default has caused or contributed to the claim being made shall indemnify each of the other Parties against such claims provided always that the total limit of liability of that Party to all of the other Parties collectively in respect of any and all such claims shall not exceed twice that Party's Project Share - any excess shall be apportioned between all the Parties pro rata to their Pr­oject Project Shares; andand‌ (b) in the event that it is not possible to attribute default to any Party under (a) above, the amount claimed by the Commission shall be apportioned between all the Parties pro rata to their Project Shares.

Claims of the Commission. If the Commission, in accordance with the provisions of the Contract, claims any reimbursement, indemnity or payment of damages from one or more Parties (except for claims relating to the matters mentioned in the Contract Xxxxx XX Annex II Articles 6(2), 6(3), 7(3)b), c) or e), 26, 27 or 28 which claims shall be solely for the account of the relevant Party(ies) or where the Commission states the claim is to be solely for the account of a certain set of Parties): (a) each Party whose default has caused or contributed to the claim being made shall indemnify each of the other Parties against such claims provided always that the total limit of liability of that Party to all of the other Parties collectively in respect of any and all such claims shall not exceed twice that Party's Project Share - any excess shall be apportioned between all the Parties pro rata to their Pr­oject Shares; and (b) in the event that it is not possible to attribute default to any Party under (a) above, the amount claimed by the Commission shall be apportioned between all the Parties pro rata to their Project Shares.