Proportional contribution. When a Spill priority is comprised of more than one category of water, or there is more than one owner within a category, or both, each category or owner shall contribute to the Spill in proportion to its quantity in storage in the Spilling reservoir, except: (a) if a category of water has more water in storage than is allowed under this Agreement, the excess shall Spill first; (b) as provided in Section 5.C.1(h); (c) with respect to categories of Other Credit Water, in accordance with Section 7.G.2; or (d) as provided in Section 5.C.1(c).
Proportional contribution. The respective proportional contribution of the Shareholder, on the one hand, and the Indemnified Parties, on the other, in relation to the Relevant Shareholder Loss will be as agreed by the Shareholder and the Indemnified Parties. Failing agreement within a reasonable time, the contributions will be determined by a court of competent jurisdiction. The matters to be considered in deciding the contributions are:
(a) the participation in, instigation of or other involvement of the Shareholder on the one hand, and the Indemnified Parties on the other hand, in the act complained of; and
(b) the Indemnified Parties’ and the Shareholder’s relative intent, knowledge, access to information and opportunity to correct any untrue statement or omission and benefits received.
Proportional contribution. Subject to its election rights in section 9.9, each Participating Group must contribute to Costs in proportion to its respective Ownership Interest, and Cash Notices issued under this Article 10 will be prepared accordingly. Based on the decision of the XxxXx Board, funding may occur via one or more intercompany loans from XxxXx to, or the issuance to XxxXx of Redeemable Shares by, each of MineCo or ExploreCo, as the case may be, in which case the Cash Calls will only be made to the Shareholders of XxxXx.
Proportional contribution. Each Participant must contribute to Costs in proportion to their respective Interests, and Cash Calls issued under this clause 9 will be prepared accordingly.
Proportional contribution. The respective contribution of the Issuer (on the one hand) and the Indemnified Parties (on the other hand) in relation to an Indemnified Claim and an Indemnified Loss will be as agreed by the Issuer and the Indemnified Parties (and failing agreement as determined by a court of competent jurisdiction) having regard to the participation in, instigation of, or other involvement of the Issuer on the one hand and the Indemnified Parties on the other hand (in relation to the proportional contribution of the Indemnified Parties) in the act complained of. Without limiting the generality of this clause 11.14, regard must be had to the Indemnified Parties’ and the Issuer’s relative intent, knowledge, access to information and opportunity to correct any untrue statement or omission.
Proportional contribution. The respective proportional contribution of the Responsible Entity and ROP (on the one hand) and the Indemnified Parties (on the other hand) in relation to an Indemnified Claim will be as agreed by the Responsible Entity, ROP and the Indemnified Parties (and failing agreement as determined by a court of competent jurisdiction) having regard to the participation in, instigation of, or other involvement of the Responsible Entity and ROP on the one hand (in relation to the proportional contribution of the Responsible Entity and --------------------------------------------------------------------------------
Proportional contribution. The respective proportional contribution of Vendor and the Indemnified Parties in relation to the relevant Loss contemplated under clause 9.7 will be as agreed by Vendor and the Indemnified Parties. Failing agreement, the contributions will be determined by a court of competent jurisdiction. The matters to be considered in deciding the contributions are:
(a) the participation in, instigation of or other involvement of Vendor on the one hand and the Indemnified Parties on the other hand in the act complained of; and
(b) the Indemnified Parties’ and Vendor’s relative intent, knowledge, access to information and opportunity to correct any untrue statement or omission.
Proportional contribution. (a) The respective proportional contribution of the Company and the Indemnified Parties in relation to the relevant Loss will be as agreed by the Company and the Indemnified Parties having regard to the involvement of the Company and the Indemnified Parties in the conduct giving rise to the Loss.
(b) If the Company and the Indemnified Parties fail to agree on the proportions, the proportions will be determined by a court of competent jurisdiction.
(c) Without limiting the generality of this clause 12.12, regard must be had to the Indemnified Parties and the Company’s relative intent, knowledge, access to information and opportunity to correct any untrue statement or omission.
Proportional contribution. The respective proportional contribution of Xxxxxxx (on the one hand) and the Indemnified Parties (on the other hand) in relation to an Indemnified Claim will be as agreed by Westpac and the Indemnified Parties (and failing agreement as determined by a court of competent jurisdiction) having regard to the participation in, instigation of, or other involvement of Westpac on the one hand (in relation to the proportional contribution of Westpac ) and the Indemnified Parties on the other hand (in relation to the proportional contribution of the Indemnified Parties) in the act complained of. Without limiting the generality of this Schedule 5, regard must be had to the Indemnified Parties' and Xxxxxxx's relative intent, knowledge, access to information and opportunity to correct any untrue statement or omission.
