Concurrent Liability. In the event of liability for claims, injuries, damages, losses, or suits of any nature whatsoever caused by, or resulting from the concurrent negligence of the District and the City and their respective officers, officials, employees, volunteers, and agents, each Party’s liability hereunder, including the duty and cost to defend, shall be only to the extent of their own negligence. Each provision of this section has been mutually negotiated, and this section shall survive the expiration or termination of this Agreement.
Concurrent Liability. IN NO EVENT SHALL WE BE LIABLE FOR THE SAME EVENT UNDER BOTH THE GENERAL CAP AND THE SUPER CAP. SIMILARLY, THOSE CAPS SHALL NOT BE CUMULATIVE; IF THERE ARE ONE OR MORE CLAIMS SUBJECT TO EACH OF THOSE CAPS, THE MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE SHALL NOT EXCEED THE SUPER CAP.
Concurrent Liability. In the event such damage or injury is caused by the joint or concurrent negligence of the Seller and the Purchaser, the loss shall be borne by each Party in proportion to its negligence.
Concurrent Liability. In the event of a Loss arising out of the joint negligence or willful misconduct of Tradewinds and Imperial, Tradewinds and Imperial shall be liable to each other and to any damaged third party in proportion to their relative degree of fault.
Concurrent Liability. 10.1 The rights and benefits conferred upon the Council by this Deed are in addition to any other rights and remedies it may have against the Sub-Contractor including without prejudice to the generality of the foregoing any remedies in negligence
Concurrent Liability. When any indemnity, defense, or hold harmless obligation results from joint or concurrent negligence, willful misconduct, or breach of this Agreement of both Enogex and OERI, each Party’s indemnity, defense, and hold harmless obligations will be in proportion to its allocable share of negligence, willful misconduct, or breach of this Agreement.
