Common use of Concurrent Negligence Clause in Contracts

Concurrent Negligence. Notwithstanding the foregoing, in the event of the concurrent negligence of Tenant, its subtenants, licensees, assignees, concessionaires, agents, employees, or contractors on the one hand and the negligence of the Port, its agents, employees or contractors on the other hand, which concurrent negligence results in injury, death, or damage to persons or property of any nature and howsoever caused, and relates to the construction, alteration, repair, addition to, subtraction from, improvement to or maintenance of the Premises such that RCW 4.24.115 is applicable, Tenant’s obligation to indemnify the Port as set forth in this Section shall be limited to the extent of Tenant’s negligence and that of Tenant’s officers, sublessees, assignees, agents, employees, contractors or licensees, including Tenant’s proportional share of costs, court costs, reasonable attorneys’ fees, consultants’ fees and expenses incurred in connection with any claim, action or proceeding brought with respect to such injury or damage.

Concurrent Negligence. Notwithstanding the foregoing, in the event of the concurrent negligence of Tenant, its subtenants, licensees, assignees, concessionaires, agents, employees, or contractors on the one hand and the negligence of the Port, its agents, employees or contractors on the other hand, which concurrent negligence results in injury, death, or damage to persons or property of any nature and howsoever caused, and relates to the construction, alteration, repair, addition to, subtraction from, improvement to or maintenance of the Premises such that RCW 4.24.115 is applicable, Tenant’s obligation to indemnify indemnity the Port as set forth in this Section shall be limited to the extent of Tenant’s negligence and that of Tenant’s officers, sublessees, assignees, agents, employees, contractors or licensees, including Tenant’s proportional share of costs, court costs, reasonable attorneys’ fees, consultants’ fees and expenses incurred in connection with any claim, action or proceeding brought with respect to such injury or damage.

Concurrent Negligence. Notwithstanding the foregoing, in the event of the concurrent negligence of Tenant, its subtenants, licensees, assignees, concessionaires, agents, employees, or contractors on the one hand and the negligence of the Port, its agents, employees or contractors on the other hand, which concurrent negligence results in injury, death, or damage to persons or property of any nature and howsoever caused, and relates to the construction, alteration, repair, addition to, subtraction from, improvement to or maintenance of the Premises such that RCW 4.24.115 is applicable, Tenant’s obligation to indemnify the Port as set forth in this Section 11.1, for bodily injury, death and property damage, shall be limited to the extent of Tenant’s negligence and that of Tenant’s officers, sublessees, assignees, agents, employees, contractors or licensees, including Tenant’s proportional share of costs, court costs, reasonable attorneys’ fees, consultants’ fees and expenses incurred in connection with any claim, action or proceeding brought with respect to such injury or damage.