Contributory Negligence. If any Shire Liability or Impax Liability is caused by the negligence of both Shire and Impax, the apportionment of liability shall be shared between Shire and Impax based upon the comparative degree of each Party’s negligence and each Party shall be responsible for its own defense and its own costs including, but not limited to, the cost of defense attorneys’ fees and witnesses’ fees and expenses incident thereto.
Appears in 6 contracts
Samples: Policies Agreement, License and Distribution Agreement (Impax Laboratories Inc), License and Distribution Agreement (Impax Laboratories Inc)
