Net Contribution. 14.1 If you suffer loss or damage as a result of our breach of contract or of our negligence, our liability shall be limited to a just and equitable proportion of the total loss or damage use other having regard to the extent of the responsibility of any other party who may also be liable to you in respect of such loss or damage. Our liability in the circumstances shall not be increased by reason of any actual or potential shortfall in recovery from another party whether due to any exclusion or limitation of liability which you have agreed with another party, difficulty in enforcement, settlement of claims, insufficient assets or insurance of another party or any other reason. The extent to which any loss or damage will be recoverable by you from us will be limited so as to be in proportion to our contribution to the overall fault for such loss or damage, taking into account any contributory negligence by you, your other advisers and/or any other third party responsible to you and/or liable in respect of such loss. We shall not be liable to you for any indirect or consequential loss or damage whatsoever.
Net Contribution. The Consultant’s liability for losses under this agreement shall be limited to that proportion of such losses which it would be just and equitable to require the Consultant to pay having regard to the extent of the Consultant’s responsibilities for the same and on the basis that [names of other Consultants] and the building contractor in relation to the Project shall be deemed to have provided contractual undertakings on terms no less onerous than this Appointment to the Beneficiary in respect of the performance of their services in connection with the Works and shall be deemed to have paid to the Beneficiary such proportion which it would be just and equitable for them to pay having regard to the extent of their responsibility provided always that the Consultant shall not plead or reply when in defence of any claim brought by the Beneficiary that the building contractor is responsible for the design carried out by the Consultant.]
Net Contribution. Consultants (If none are specified, these shall be the Architect/ Contract Administrator and the Quantity Surveyor (including any replacements), together with any other consultants who agree to give third party rights or collateral warranties (or undertakings in similar terms) to any Purchaser(s) and/or Tenants(s).) For the purposes of paragraph/clause 1.3.1 ‘the Consultants’ are:
Net Contribution. A Contribution less any applicable premium taxes.
Net Contribution. Sub-Contractors (If none are specified, these shall be such as agree to give third party rights or collateral warranties (or For the purposes of paragraph/clause 1.3.2 ‘the Sub-Contractors’ are: Funder Rights Particulars Clauses 7B, 7D and 7E of the Conditions (C) Identity of Funder in whom Funder Rights may be vested under this Contract (If not identified by name, class or description, Funder Rights shall not be required from the Contractor.) Paragraph of Schedule 5, Part 2 or Clause of CWa/F (D) Funder Rights from the Contractor Nature of Funder Rights from the Contractor (If neither clause reference is deleted, clause 7B applies.) * Clause 7B (Third Party Rights ) applies/ Clause 7D (Collateral Warranty) applies 1.1 Net Contribution: Consultants and Sub-Contractors (Unless otherwise stated, these shall be those specified (or deemed to be specified) under (B) above.) Collateral Warranties from Sub-Contractors
Net Contribution. 9 1.32 Nonunitized Separate Account ....................... 10 1.33 Participant ........................................ 10 1.34 Plan ............................................... 10
Net Contribution. If other consultants and/or contractors are, along with the Consultant, also involved in the project, then the proportion of compensation payable by the Consultant shall be limited solely to a just and equitable proportion of liability which is attributable to the Consultant’s breach and on the assumption that the relevant third parties have paid a just and equitable proportion having regard to the extent of their responsibility. The Consultant’s liability shall be limited to and form a part of the total aggregate amount set out in clause titled ‘Financial limitation’ above.
Net Contribution. 15.1 Without prejudice to any other exclusion or limitation of liability, damages, loss, expense or costs the liability of JBA for any claim or claims under this agreement shall be further limited to such sum as it would be just and equitable for JBA to pay having regard to the extent of JBA’s responsibility for the loss or damage giving rise to such claim or claims ("the loss and damage") and on the assumptions that: (a) all other consultants, contractors, sub-contractors, project managers or advisers engaged in connection with the Project have provided contractual undertakings on terms no less onerous than those set out in Clause 7 to the Client in respect of the carrying out of their obligations; and (b) there are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Client and any other party referred to in this clause and any such other party who is responsible to any extent for the loss and damage is contractually liable to the Client for the loss and damage; and (c) all such other consultants, contractors, sub-contractors, project managers or advisers have paid to the Client such sum as it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss and damage.
Net Contribution. Further and notwithstanding anything to the contrary contained in this Agreement and without prejudice to any provision in this Agreement whereby liability is excluded or limited to a lesser amount, the liability of the Approved Inspector, if any, for any loss or damage (“the loss or damage”) in respect of any claim or claims shall not exceed such sum as it would be just and equitable for the Approved Inspector to pay having regard to the extent of the Approved Inspectors responsibility for the loss or damage and on the assumptions that:
Net Contribution. 16 1.30 Nonunitized Separate Account: . . . . . . . . . . . . . . . . . 16 1.31 Participant: . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1.32 Plan: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1.33 Reinvestment: . . . . . . . . . . . . . . . . . . . . . . . . . 16 1.34
