Proportionate Liability. To avoid doubt, the parties agree that section 35 of the Civil Liability Act 2002 (NSW) applies to any apportionable claim relating to this agreement.
Proportionate Liability. To the extent permitted by law, the expert or the arbitrator (as the case may be) will have no power to apply or to have regard to the provisions of the proportionate liability legislation of any Australian jurisdiction which might, in the absence of this provision, have applied to any dispute referred to arbitration or expert determination pursuant to clause 15.
Proportionate Liability. Part 4 of the Civil Liability Act 2002 (NSW) does not apply to this Licence.
Proportionate Liability. The liability of the Shareholder under this Section shall in no event exceed 50 percent of the value of the Acquirer shares received by such Shareholder.
Proportionate Liability. (a) (Excluded operation of Wrongs Act): The operation of Part IVAA of the Wrongs Act 1958 (Vic) is excluded in relation to all and any rights, obligations or liabilities of either party under this Deed whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise.
(b) (Rights, obligations and liabilities): Without limiting clause 17.12(a), the rights, obligations and liabilities of the parties (including those relating to proportionate liability) are as specified in this Deed and not otherwise, whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise.
Proportionate Liability. To the extent permissible by law, a Party’s liability under the Agreement (including under an indemnity) is reduced proportionately to the extent that such liability is caused or contributed to by the breach of this Agreement or the wrongful, unlawful or negligent act or omission of other Party or its Personnel.
Proportionate Liability. The liability of each Shareholder under this Section shall be in the proportion that the total number of Acquisition shares to be received by him bears to the total number of Acquisition shares to be received by all the Shareholders and shall in no event exceed 25 percent of the value of the Acquisition shares received by such Shareholder. With respect to Shareholders that are estates, trusts, or custodianships, the executor, trustee, or custodian is a party to this Agreement only in its fiduciary capacity and liability hereunder shall be limited to the fiduciary assets and shall not extend to the assets of the executor, trustee, or custodian.
Proportionate Liability. The provisions of Part 1F of the CLA are specifically excluded from these Terms and have no operation or application to the rights, obligations and liabilities of BGC and the Vendor under these Terms with respect to any matter to which Part 1F of the CLA applies. To the fullest extent permitted by law, the parties agree that the provisions of Part 1F of the CLA:
(a) are specifically excluded from any subcontract or other agreement entered into pursuant to these Terms by the Vendor; and
(b) have no operation or application to the rights, obligations and liabilities of the parties under any subcontract or other agreement entered into pursuant to these Terms by the Vendor, with respect to any matter to which Part 1F of the CLA applies.
Proportionate Liability. The operation of the Proportionate Liability Act (NT) (and to the extent possible in law, any similar legislation of a State or Territory that may be applicable) is excluded in relation to all and any rights, obligations or liabilities of either party under this agreement whether such rights, obligations or liabilities are sought to be enforced in contract, in tort or otherwise.
Proportionate Liability. Notwithstanding anything else, to the extent permissible by Law, the Expert will have no power to apply or to have regard to the provisions of any proportional liability legislation which might, in the absence of this provision, have applied to any dispute referred to Expert determination
