Common use of Apportionment of Fault Clause in Contracts

Apportionment of Fault. 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 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 that of its agents, servants, contractors, or others acting in aid or concert with it. 8.7.1 The Parties are not liable for any act or omission of Third Party Providers. 8.7.2 Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege

Apportionment of Fault. Except for losses alleged or claimed by a customer of either Party and except as otherwise provided in specific appendicesParty, in the case of any loss alleged or claimed by a third third-party arising out of the gross 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 ofthe resulting expense caused by its own gross negligence or willful misconduct or that of its agents, servants, contractors, or others acting in aid or concert with it. 8.7.1 The Parties are not liable for any act or omission of Third any third-party, including but not limited to Third-Party Providers. 8.7.2 Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege

Apportionment of Fault. Except for losses alleged or claimed by a customer 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 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 that of its agents, servants, contractors, or others acting in aid or concert with it. 8.7.1 9.7.1 The Parties are not liable for any act or omission of Third Party Providers. 8.7.2 9.7.2 Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.