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.
Appears in 2 contracts
Samples: Terms of Business, Terms of Business
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 you suffer 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.
Appears in 1 contract
Samples: Terms of Business
Net Contribution. 14.1 15.1 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.
Appears in 1 contract
Samples: Terms of Business