Reduction of indemnity. The indemnities given by the Grantor under clause 3.4(b) will (without limiting clause 10) be reduced proportionately to the extent that the damage, loss, expense, liability, injury or death arises from a negligent act or omission of the Owner of the Network Lease Land or its officers, employees, contractors or agents.
Reduction of indemnity. The indemnities given by an indemnifying Party pursuant to clause 13.1 will be reduced proportionately to the extent that the liability, loss, harm, damage, cost or expense referred to in clause 13.1 was caused or contributed to by:
Reduction of indemnity. A Party’s obligation of indemnification under this clause 16 will be proportionally reduced to the extent that any negligent act or omission of the Party indemnified contributed to the relevant loss.
Reduction of indemnity. The indemnities given by an indemnifying Party pursuant to clause 1.69 will be reduced proportionately to the extent that the liability, loss, harm, damage, cost or expense referred to in clause 1.69 was caused or contributed to by: any breach of this Agreement (including material breach of any warranty given under this Agreement) by any of those indemnified; any unlawful or negligent act or omission by any of those indemnified arising in connection with the Project; the exercise by any of those indemnified of any rights granted to them in relation to the Project IP or Background IP; or the exercise by those indemnified of any Commercialisation rights granted to those indemnified pursuant to this Agreement. Commonwealth and State exception If the Commonwealth, or a State or Territory of Australia is a Party it is excluded from the obligation under clause 1.69 to indemnify any other Party. This clause 1.71 does not exclude or reduce the liability of, or benefit to, the Commonwealth or the State or Territory of Australia that may arise by operation of the common law or breach of statute. Consequential losses Nothing in clause 1.69 will render a Party liable for any special, indirect or consequential loss or damages (including loss of income or profits, and loss of expectation of income or profits) arising under or pursuant to this Agreement. Notification of acts Each of those indemnified under clause 1.69 must promptly notify every indemnifying Party of any event or circumstance that may reasonably give rise to those indemnified relying upon the indemnities in clause 1.69.
Reduction of indemnity. The release and indemnities given under clause 21.1 will be reduced proportionately to the extent that the Loss was caused or contributed by:
Reduction of indemnity. 15.2.1. The Recipient’s liability to indemnify those indemnified under this Deed shall be reduced proportionally to the extent that any unlawful, wrongful, wilful or negligent act or omission of those indemnified caused or contributed to the liability or loss.
Reduction of indemnity. The indemnities given by the Grantor under clause 7.5(b) will (without limiting clause 10) be reduced proportionately to the extent that the damage, loss, expense, liability, injury or death arises from a negligent act or omission of the Grantee or its officers, employees, contractors or agents. (Sheet 16 of 22 sheets) Plan: Plan of easements, restrictive covenant and positive covenant over Lot A in DP 104160, Lot B in DP 104160, Lot 501 DP 714847, Xxx 0 XX 0000, Xxx 0 XX 0000, Xxx 0 XX 1112308, Xxx 0 XX 0000000, Xxx 0 XX 00000, Xxx 4 DP 524306, Xxx 0 XX 000000 and Xxx 0 XX 000000
Reduction of indemnity. 1. Agricorp will reduce an Indemnity by any amount that you owe to Agricorp, the Government of Ontario, or the Government of Canada. The money you owe Agricorp may be under this Policy, any other Policy or previous Policy, or any other program administered by Agricorp. Examples of money owed are:
Reduction of indemnity. Your liability to indemnify those indemnified under this Agreement:
Reduction of indemnity. If the amount of any Indemnifiable Loss, at any time subsequent to the making of an indemnity payment in respect thereof, is reduced by recovery, settlement or otherwise under or pursuant to any insurance coverage, or pursuant to any claim, recovery, settlement or payment by or against any other entity, the amount of such reduction, less any costs, expenses or premiums incurred in connection therewith (together with interest thereon from the date of payment thereof at the prime rate then in effect of the Escrow Agent, or any successor thereto, shall promptly be repaid by the Indemnitee to the Indemnifying Party. Upon making any indemnity payment, the Indemnifying Party shall, to the extent of such indemnity payment, be subrogated to all rights of the Indemnitee against any third party in respect of the Indemnifiable Loss to which the indemnity payment relates; provided, however, that (i) the Indemnifying Party shall then be in compliance with its obligations under this Agreement in respect of such Indemnifiable Loss and (ii) until the Indemnitee recovers full payment of its Indemnifiable Loss, any and all claims of the Indemnifying Party against any such third party on account of said indemnity payment is hereby made expressly subordinated and subjected in right of payment to the Indemnitee’s rights against such third party. Without limiting the generality or effect of any other provision hereof, each such Indemnitee and Indemnifying Party shall duly execute upon request all instruments reasonably necessary to evidence and perfect the above-described subrogation and subordination rights. Nothing in this Section 10.10 shall be construed to require any party hereto to obtain or maintain any insurance coverage.
