Common use of Concurrent Fault Clause in Contracts

Concurrent Fault. In the event that any Adverse Consequences are caused in whole or in part by the concurrent negligent or willful acts or omissions of Terminal, its employees, agents or contractors, on the one hand, and Customer, its employees, agents or contractors, on the other hand, then the obligation of the parties to indemnify under this Section 7 will be comparative and each party will indemnify the other to the extent that such party’s act or omission (or the acts or omissions of such party’s employees, agents or contractors) was the cause of such injury, damage or death.

Appears in 4 contracts

Samples: Terminaling Services Agreement (World Point Terminals, LP), Terminaling Services Agreement (World Point Terminals, LP), Terminaling Services Agreement (World Point Terminals, LP)

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Concurrent Fault. In the event that any Adverse Consequences are caused in whole or in part by the concurrent negligent or willful acts or omissions of Terminal, its employees, agents or contractors, on the one hand, and Customer, its employees, agents or contractors, on the other hand, then the obligation of the parties to indemnify under this Section 7 will be comparative and each party will indemnify the other to the extent that such party’s act or omission (or the acts or omissions of such party’s employees, agents or contractors) was the cause of such injury, damage or deathAdverse Consequences.

Appears in 2 contracts

Samples: Terminaling Services Agreement (World Point Terminals, LP), Terminaling Services Agreement (World Point Terminals, LP)

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Concurrent Fault. In the event that any Adverse Consequences are caused in whole or in part by the concurrent negligent or willful acts or omissions of Terminal, its employees, agents or contractors, on the one hand, and Customer, its employees, agents or contractors, on the other hand, then the obligation of the parties to indemnify under this Section 7 will be comparative and each party will indemnify the other to the extent that such party’s 's act or omission (or the acts or omissions of such party’s 's employees, agents or contractors) was the cause of such injury, damage or death.

Appears in 1 contract

Samples: Storage and Thruput Agreement (FutureFuel Corp.)

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