Contributory Negligence. If the joint, concurring, comparative or contributory fault or negligence of the Parties gives rise to the Losses for which the Parties are entitled to indemnification under this Article 13, then any Losses shall be allocated between the Parties in proportion to their respective degrees of fault or negligence contributing for such Losses.
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Contributory Negligence. If the joint, concurring, comparative or contributory fault or negligence of the Parties gives rise to the Losses damages for which the Parties are entitled to indemnification under this Article 13X, then any Losses such damages shall be allocated between the Parties in proportion to their respective degrees of fault or negligence contributing for to such Lossesdamages.
Appears in 6 contracts
Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
Contributory Negligence. If If, due to the joint, concurring, comparative or contributory fault fault, negligence or negligence willful misconduct of the Parties which gives rise to the Losses Damages for which the Parties are entitled to indemnification under this Article 13Article, then any Losses such Damages shall be allocated between the Parties in proportion to their respective degrees of fault fault, negligence or negligence willful misconduct contributing for to such LossesDamages.
Appears in 3 contracts
Samples: Turnkey Engineering, Procurement and Construction Agreement (Panda Ethanol, Inc.), Turnkey Engineering, Procurement and Construction Agreement (Panda Ethanol, Inc.), Turnkey Engineering, Procurement and Construction Agreement (Panda Global Holdings Inc)
Contributory Negligence. If the joint, concurring, comparative or contributory fault fault, negligence or negligence willful misconduct of the Parties gives rise to the Losses damages for which the Parties are either party is entitled to indemnification under this Article 13Agreement, then any Losses such damages shall be allocated between the Parties in proportion to their respective degrees of fault fault, negligence or negligence willful misconduct contributing for to such Lossesdamages.
Appears in 2 contracts
Samples: Master Relationship Agreement, End User License Agreement
Contributory Negligence. If the joint, concurring, comparative or contributory fault fault, negligence or negligence willful misconduct of the Parties gives rise to the Losses Damages for which the Parties are entitled to indemnification under this Article 13Article, then any Losses such Damages shall be allocated between the Parties in proportion to their respective degrees of fault fault, negligence or negligence willful misconduct contributing for to such LossesDamages.
Appears in 1 contract
Contributory Negligence. If the joint, concurring, comparative or contributory fault or negligence of the Parties gives rise to the Losses for which the Parties are entitled to indemnification under this Article 13, then any Losses shall be allocated between the Parties in proportion to their respective degrees of fault or negligence contributing for such Losses.Losses.β
Appears in 1 contract
Samples: Power Purchase Agreement
Contributory Negligence. If the joint, concurring, comparative or contributory fault or negligence of the Parties gives rise to the Losses damages for which the Parties are entitled to indemnification under this Article 13XII, then any Losses such damages shall be allocated between the Parties in proportion to their respective degrees of fault or negligence contributing for to such Lossesdamages.
Appears in 1 contract
Samples: Commercial Scale Demonstration Agreement (Heliogen, Inc.)