Joint Negligence. In the event injury or damage results from the joint or concurrent negligent or intentional acts or omissions of the Parties, each Party shall be liable under this indemnification in proportion to its relative degree of fault.
Joint Negligence. In the case of joint or concurring negligence or other fault of the Parties giving rise to a loss or Claim against either one or both of them, each shall have rights of contribution against the other Party in proportion to their comparative negligence as determined by the court trying the matter in dispute. Each Party shall promptly notify the other Party of the assertion of any Claim against which such other Party may be required to provide indemnity hereunder and shall give the other Party an opportunity to defend such Claim. These indemnification provisions are for the protection of the Parties hereto only and shall not establish, of themselves, any liability to third parties.
Joint Negligence. If any Loss incurred by or rendered against either party is determined by an independent tribunal to be due to the negligence or willful misconduct of both NPI and Allendale, then the Parties shall share the costs attributable to such Loss (including but not limited to the cost of defense thereof) in accordance with the proportion of each party’s relative fault, as determined by the independent tribunal. Each party shall give the other notice of any Loss to which the preceding sentence applies and the Parties shall cooperate in the defense thereof.
Joint Negligence. Where any Liability is the result of the joint negligence or misconduct of ExxonMobil and Symyx, Symyx' duty of indemnification under Section 13.02 shall be diminished by, and ExxonMobil's duty of indemnification under Section 13.01 shall be limited to, *.
Joint Negligence the joint negligence or fault attributable to any acts or omissions of both Carrier and the Sunoco Indemnitees, whether or not such acts or omissions occurred jointly or concurrently.
Joint Negligence. IN THE EVENT THE INJURY OR DAMAGE TO THIRD PARTIES IS CAUSED BY THE JOINT OR CONCURRENT NEGLIGENCE OF THE PARTIES OR THEIR RESPECTIVE GROUPS, EACH PARTY WILL BEAR SUCH INJURY OR DAMAGE PROPORTIONALLY TO ITS GROUP’S NEGLIGENCE. FOR THE AVOIDANCE OF DOUBT, NO MEMBERS OF EITHER PARTY’S GROUP WILL BE CONSIDERED THIRD PARTIES AND, FOR PURPOSES OF CONTRACTOR’S INDEMNITY OBLIGATION IN ARTICLE 13.4, NO PART OF THE SITE OR ANY PROPERTY OR FACILITIES THEREON WILL BE CONSIDERED AS THIRD-PARTY PROPERTY, AND THE SITE OWNER AND ITS PARTNERS, AFFILIATES AND CONTRACTORS/SUBCONTRACTORS WILL NOT BE CONSIDERED THIRD PARTIES.
13.5 If the manufacture, use or sale of any of the Equipment or Services is permanently enjoined or is unable to be used due to any restriction of law or regulation, or an infringement of a US patent or pursuant to a term of settlement, RigNet shall at RigNet’s option and expense, do one of the following: (a) obtain for Customer the right to use the Equipment or RigNet Connectivity Services, (b) modify the Equipment or the means of providing the Services so that it becomes non-infringing or (c) replace the Equipment or Services with a non-infringing product or service (as the case may be) that is substantially in compliance with the specifications and functionality for the Equipment and/or Services in all material respects. If RigNet reasonably believes that the Equipment or Services is likely to be the subject of a Claim, suit, proceeding or injunction, RigNet shall also have the right, at RigNet’s option, to do any of the above, subject to the same terms and conditions. If RigNet elects to replace any Equipment with a non-infringing product, Customer shall return the allegedly infringing Equipment to RigNet, at RigNet’s expense, as soon as practicable.
13.6 Under no circumstances shall RigNet have any liability or indemnity obligation for infringement arising from or occurring as a result of the use of the Equipment or Services in combination and/or configuration with other products or services not provided or approved by RigNet, modified by Customer, or used in any manner for which the Equipment or Services was not designed, or the failure by Customer to implement changes, replacements or new compatible releases provided by RigNet where the infringement would have been avoided by such changes, replacements or new releases.
13.7 This Section 13 specifies RigNet’s entire liability with respect to any alleged patent, copyright, or other infringement of i...
Joint Negligence. If any Loss incurred by or rendered against either Party is determined by an independent tribunal to be due to the negligence or willful misconduct of both NPI and Celgene, then the Parties shall share the costs attributable to such Loss (including but not limited to the cost of defense thereof) in accordance with the proportion of each Party's relative fault, as determined by the independent tribunal. Each Party shall give the other notice of any Loss to which it believes the preceding sentence applies and the Parties shall cooperate in the defense thereof in accordance with the terms of this Section 6.7. *** - indicates material omitted pursuant to a Confidential Treatment Request and filed separately with the Securities and Exchange Commission.
Joint Negligence. In the event of joint negligence on the part of JEA and Licensee, any loss shall be apportioned in accordance with the provisions of Section 768.31, Florida Statute, The Uniform Contribution Among Tortfeasors Act, as amended. Nothing herein contained shall be interpreted as waiving or abrogating JEA's right of sovereign immunity pursuant to Section 768.28, Florida Statutes or any successor statute.
Joint Negligence. Where any Liability is the result of the joint negligence or misconduct of any of the parties, Symyx’s duty of indemnification under this Agreement will be diminished by, and EMRE and EMCC’s duty of indemnification under this Agreement will be limited to, [ * ].
Joint Negligence. 15.4.1 If the injury or damage referred to in Article 15.1 results from the joint or concurrent negligent or intentional acts of Seller and Buyer, each of Seller and Buyer shall be liable under this Article 15 in proportion to its relative degree of fault. The proportioning of the act of negligence between Seller and Buyer shall be mutually decided, failing which the matter shall be referred to as a dispute for determination pursuant to Article 20.2.
