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. 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 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:
(a) any breach of this Agreement (including material breach of any warranty given under this Agreement) by any of those indemnified;
(b) any unlawful or negligent act or omission by any of those indemnified or any of its directors, officers, employees, agents or contractors;
(c) the exercise by any of those indemnified of any rights granted to it in relation to the Project IP or Background IP; or
(d) the exercise by those indemnified of any Utilisation rights granted to those indemnified pursuant to this Agreement.
Reduction of indemnity. The indemnities given by an indemnifying Party pursuant to clause 26.1 and the Company under clause 26.2 shall be reduced proportionately to the extent that the liability, loss, harm, damage, cost or expense referred to in clauses 26.1 and 26.2 was caused or contributed to by:
(a) any breach of this agreement (including material breach of any warranty given under this agreement) by any of those indemnified;
(b) any unlawful or negligent act or omission by any of those indemnified or any of its directors, officers, employees, agents or contractors; or
(c) the exercise by any of those indemnified of any rights granted to it in relation to the Centre IP or Background IP.
Reduction of indemnity. The indemnities given by an indemnifying Party pursuant to clause 27.1 and the Company under clause 27.2 shall be reduced proportionately to the extent that the liability, loss, harm, damage, cost or expense referred to in clauses 27.1 and 27.2 was caused or contributed to by:
(a) any breach of this agreement (including material breach of any warranty given under this agreement) by the indemnified Party;
(b) any unlawful or negligent act or omission by the indemnified Party or any of its directors, officers, employees, students, agents or contractors; or
(c) a breach by the indemnified Party of any rights granted to it in relation to the Centre IP or Background IP; or
(d) any failure of those indemnified to take reasonable efforts to mitigate the effects of the relevant breach of this agreement or negligent act or omission.
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. Your liability to indemnify those indemnified under this Agreement:
16.2.1. 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; and
16.2.2. does not exclude or reduce the liability of, or benefit to, a party that may arise by operation of the common law, statute or the other terms of 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.
Reduction of indemnity. (a) 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, will promptly be repaid by the Indemnitee to the JG Group. Upon making any indemnity payment, the JG Group will, 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 the JG Group is then in compliance with its obligations under this Agreement in respect of such Indemnifiable Loss; provided, that until the Indemnitee recovers full payment of its Indemnifiable Loss, any and all claims of the JG Group against any such third party on account of said indemnity payment is hereby made expressly subordinated and subject in right of payment to the Indemnitee’s rights against such third party.
(b) A failure to give timely notice as provided in this Section 8 will not affect the rights or obligations of any Party except if, and only to the extent that, as a result of such failure, the Party that was entitled to receive such notice was actually prejudiced as a result of such failure.
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:
(a) a breach of this Agreement (including material breach of a warranty given under clause 36.2) by those Indemnified;
(b) any unlawful or negligent act or omission by those Indemnified or any of their directors, officers or employees; or
(c) the exercise by those Indemnified of any rights in the IMOS IP or Background IP.
