Excluded Taxes and Established Misconduct. Nothing in this Paragraph 10 or other provisions of this Agreement will be construed to require NAI to reimburse or pay Excluded Taxes or Losses incurred or suffered by BNPPLC that are proximately caused by (and attributed by any applicable principles of comparative fault to) the Established Misconduct of BNPPLC.
Appears in 5 contracts
Samples: Construction Agreement (NetApp, Inc.), Construction Agreement (NetApp, Inc.), Construction Agreement (NetApp, Inc.)
Excluded Taxes and Established Misconduct. Nothing in this Paragraph subparagraph 10 or other provisions of this Agreement will be construed to require NAI to reimburse or pay Excluded Taxes or Losses incurred or suffered by BNPPLC that are proximately caused by (and attributed by any applicable principles of comparative fault to) the Established Misconduct of BNPPLC.
Appears in 1 contract
Samples: Construction Management Agreement (Network Appliance Inc)