Common use of Relative Fault Clause in Contracts

Relative Fault. The relative fault of the Company and the Operating Partnership, the Dealer Manager and Participating Dealer, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company or the Operating Partnership, or by the Dealer Manager or by Participating Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.

Relative Fault. The relative fault of the Company and the Operating Partnership, the Dealer Manager and the Participating Dealer, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company or the Operating Partnership, or by the Dealer Manager or by the Participating Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.

Relative Fault. The relative fault of the Company and the Operating PartnershipCompany, the Dealer Manager and Participating the Selected Dealer, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company or the Operating PartnershipCompany, or by the Dealer Manager or by Participating the Selected Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.

Relative Fault. The relative fault of the Company and the Operating PartnershipCompany, the Dealer Manager and Participating the Soliciting Dealer, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company or the Operating PartnershipCompany, or by the Dealer Manager or by Participating the Soliciting Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.

Relative Fault. The relative fault of the Company and the Operating PartnershipCompany, the Dealer Manager and Participating the Selected Broker-Dealer, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company or the Operating PartnershipCompany, or by the Dealer Manager or by Participating the Selected Broker-Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.

Relative Fault. The relative fault of the Company and the Operating PartnershipCompany, the Dealer Manager and the Participating Broker-Dealer, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company or the Operating PartnershipCompany, or by the Dealer Manager or by the Participating Broker-Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.

Relative Fault. The relative fault of the Company and the Operating PartnershipCompany, the Dealer Manager and Participating Dealerthe Financial Intermediary, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company or the Operating PartnershipCompany, or by the Dealer Manager or by Participating Dealerthe Financial Intermediary, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.

Relative Fault. The relative fault of the Company and the Operating PartnershipCompany, the Dealer Manager and the Participating DealerBroker, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company or the Operating PartnershipCompany, or by the Dealer Manager or by the Participating DealerBroker, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.

Relative Fault. The relative fault of the Company and the Operating PartnershipCompany, the Dealer Manager and the Participating DealerBroker-Dealers, respectively, shall be determined by reference to, among other things, whether any such untrue or alleged untrue statement of a material fact or omission or alleged omission to state a material fact related to information supplied by the Company or the Operating PartnershipCompany, or by the Dealer Manager or by the Participating Broker-Dealer, respectively, and the parties’ relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.