PROPORTIONATE RESPONSIBILITY. The Parties agree to work cooperatively together to determine the proportionate responsibility of each Party.
PROPORTIONATE RESPONSIBILITY. The indemnities contained in this subsection (b) are independent of Tenant’s and Landlord’s insurance (as applicable), will not be limited by comparative negligence statutes or damages paid under the workers’ compensation act or similar employee benefit acts, and will survive the end of the term. notwithstanding anything in this Lease to the contrary, to the extent the indemnified liability, loss, cost, damage or expense arises out of the joint, concurrent or comparative negligence, causation, responsibility or fault of tenant and landlord, whether negligence, strict liability, breach of warranty, express or implied, products liability, breach of the terms of this lease or willful misconduct, then the indemnifying party’s obligation to the indemnified persons shall only extend to the percentage of total responsibility of the indemnifying party in contributing to such liability, loss, cost, damage or expense of the indemnified persons. The Condominium Association shall not be liable for any damage or losses to Tenant or any injury or damage to the Leased Premises or the property of Tenant or to any property of any third person, firm, association, or corporation on or about the Leased Premises or to any property of Tenant except to the extent that such injury or damage is caused by the negligence or willful misconduct of Landlord or the Condominium Association, its agents, contractors or employees. Tenant shall, defend (with counsel reasonably acceptable to Landlord), indemnify and hold Landlord harmless from and against any and all such liability and damages, costs and expenses, including reasonable attorneys' fees, and from and against any and all suits, claims and demands of any kind or nature whatsoever, by and on behalf of any person, firm, association or corporation arising out of or based upon any incident, occurrence, injury or damage which happens on the Leased Premises Tenant except for injury or damage to the extent caused, in whole or in part, by the negligence or willful misconduct of Landlord, its agents, contractors or employees. Notwithstanding the foregoing or any other provision of this Lease, Tenant hereby releases Landlord from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property to the extent actually covered by such party's own insurance then in force, even if any such fire or other casualty occurrence shall have been caused by...
PROPORTIONATE RESPONSIBILITY. (a) This section applies:
PROPORTIONATE RESPONSIBILITY. The liability of a party (‘the party at fault’) for loss or damage sustained by the other party will be reduced proportionately to the extent that such loss or damage has been caused by the other party's failure to comply with its obligations and responsibilities under this MSA and/or to the extent that the negligence of the other party has contributed to such loss or damage, regardless of whether a claim is made by the other party for breach of contract or for negligence.
PROPORTIONATE RESPONSIBILITY. Each Principal Stockholder shall be responsible only for a portion of any indemnification payment proportionate to such stockholder's ownership of Bear Lake Capital Stock.
