Apportionment of Fault. In the case of any Loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation shall be limited to, that portion of the resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates, agents, contractors or other persons acting in concert with it.
Appears in 48 contracts
Sources: Local Exchange Telecommunications Services Resale Agreement, Local Exchange Telecommunications Services Resale Agreement, Local Exchange Telecommunications Services Resale Agreement
Apportionment of Fault. In the case of any Loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation shall be limited to, that portion of the resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates’s Affiliates, agents, contractors or other persons acting in concert with it.
Appears in 30 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Apportionment of Fault. In the case of any Loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation shall be limited to, that portion of the resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliatesAffiliates, agents, contractors or other persons acting in concert with it.
Appears in 24 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Apportionment of Fault. In Except for Losses alleged or Claimed by a Customer of either Party and except as otherwise provided in specific appendices, in the case of any Loss alleged or Claimed by a third party arising from out of the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation under this Section shall be limited to, that portion of the resulting expense caused by its own negligence or willful misconduct or the negligence or misconduct that of such Party's affiliates, its agents, contractors servants, contractors, or other persons others acting in aid or concert with it.
Appears in 17 contracts
Sources: Cellular/PCS Interconnection Agreement, Cellular/PCS Interconnection Agreement, Paging Interconnection Agreement
Apportionment of Fault. In the case of any Loss loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation shall be limited to, that portion of the resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates’s Affiliates, agents, contractors or other persons acting in concert with it.
Appears in 15 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Apportionment of Fault. In Except for Losses alleged or Claimed by an End User of either Party and except as otherwise provided in specific appendices, in the case of any Loss alleged or Claimed by a Third Party arising from out of the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation under this Section shall be limited to, that portion of the resulting expense caused by its own negligence or willful misconduct or the negligence or misconduct that of such Party's affiliates, its agents, contractors servants, contractors, or other persons others acting in aid or concert with it.
Appears in 14 contracts
Sources: Paging Facilities Agreement, Paging Interconnection Agreement, Paging Facilities Interconnection Agreement
Apportionment of Fault. In the case of any Loss loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation shall be limited to, that portion of the resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates’s Affiliates, agents, contractors or other persons acting in concert with itcontractors.
Appears in 10 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Apportionment of Fault. In the case of any Loss loss arising from the negligence or willful misconduct of both Partiesmisconduct, each Party shall bear, and its obligation shall be limited to, that portion of the resulting expense loss caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates’s Affiliates, agents, contractors or other persons acting in concert with itcontractors.
Appears in 7 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Apportionment of Fault. In Except for Losses alleged or Claimed by a End User of either Party and except as otherwise provided in specific appendices, in the case of any Loss alleged or Claimed by a third party arising from out of the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation under this Section shall be limited to, that portion of the resulting expense caused by its own negligence or willful misconduct or the negligence or misconduct that of such Party's affiliates, its agents, contractors servants, contractors, or other persons others acting in aid or concert with it.
Appears in 6 contracts
Sources: Paging Interconnection Agreement, Paging Facilities Agreement, Paging Facilities Agreement
Apportionment of Fault. In the case of any Loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation shall be limited to, that portion of the Loss and resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates’s Affiliates, agents, contractors or other persons acting in concert with it.
Appears in 4 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Apportionment of Fault. In the case of any Loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation shall be limited to, that portion of the resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates, agents, contractors or other persons acting in concert with it.that
Appears in 3 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Apportionment of Fault. In the case of any Loss arising from the negligence or willful misconduct of both Parties, each a Party shall bear, and its obligation shall be limited to, that portion of the resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliatesAffiliates, agents, contractors or other persons acting in concert with it.
Appears in 3 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Apportionment of Fault. In the case of any Loss loss arising from the negligence or willful misconduct of both Partiesmisconduct, each Party shall bear, and its obligation shall be limited to, that portion of the loss and resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates’s Affiliates, agents, or contractors or other persons acting in concert with it.
Appears in 3 contracts
Sources: Interconnection and Reciprocal Compensation Agreement, Interconnection and Reciprocal Compensation Agreement, Interconnection and Reciprocal Compensation Agreement
Apportionment of Fault. In the case of any Loss loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation shall be limited to, that portion of the resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates’s Affiliates, agents, contractors contractors, Customers, or other persons acting in concert with it.
Appears in 1 contract
Sources: Interconnection Agreement
Apportionment of Fault. In the case of any Loss loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation shall be limited to, that portion of the loss and resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates, agents, contractors or other persons acting in concert with it.
Appears in 1 contract
Sources: Traffic Termination Agreement
Apportionment of Fault. In the case of any Loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its it obligation shall be limited toto , that portion of the resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates’s Affiliates, agents, contractors or other persons acting in concert with it.
Appears in 1 contract
Apportionment of Fault. In the case of any Loss loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation obligations shall be limited to, that portion of the resulting expense caused by its negligence or willful misconduct or the negligence or misconduct of such Party's affiliates’s Affiliates, agents, contractors contractors, or other persons acting in concert with it.
Appears in 1 contract
Sources: Interconnection Agreement
Apportionment of Fault. In the case of any Loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation shall be limited to, that portion of the resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliatesAffiliates, agents, contractors or other persons acting in concert with it.
Appears in 1 contract
Sources: Interconnection Agreement (Focal Communications Corp)
Apportionment of Fault. In the case of any Loss loss arising from the negligence or willful misconduct of both Partiesmisconduct, each Party shall bear, and its obligation shall be limited to, that portion of the losses and resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates’s Affiliates, agents, or contractors or other persons acting in concert with it.
Appears in 1 contract
Sources: Interconnection and Reciprocal Compensation Agreement
Apportionment of Fault. In the case of any Loss arising from the negligence or willful misconduct of both Parties, each Party shall bear, and its obligation shall be limited to, that portion of the resulting expense caused by its negligence or misconduct or the negligence or misconduct of such Party's affiliates, agents, contractors or other persons acting in concert with it.the
Appears in 1 contract
Sources: Interconnection Agreement