Apportionment of Liability Sample Clauses

Apportionment of Liability. Popular shall be responsible for, and shall reimburse EVERTEC for, any direct and indirect damages, liabilities, losses, costs, and expenses (including reasonable attorney’s fees and out of pocket disbursements) (“Losses”) paid by EVERTEC to Iron Mountain pursuant to a claim brought by Iron Mountain against EVERTEC under Section 7 of the MBESA (an “Iron Mountain Claim”), solely to the extent that such Iron Mountain Claim arises from any (A) Deposit Materials that were part of the Initial Deposit and the intellectual property rights of which were owned by EVERTEC or its subsidiaries as of the Closing; or (B) copies of such Deposit Materials. For the avoidance of doubt, EVERTEC shall be responsible and liable for all Losses arising from an Iron Mountain Claim to the extent such Iron Mountain Claim arises from any (i) Deposit Materials that were part of the Initial Deposit but for which EVERTEC or any of its subsidiaries did not own the intellectual property rights until after the Closing; or (ii) Deposit Materials that were neither part of the Initial Deposit nor copies of Deposit Materials that were part of the Initial Deposit.

Apportionment of Liability. (a) For the avoidance of doubt, where either or both of the User or the Indemnifier is liable to, or is to indemnify, the other Party under this Contract, the liability or indemnity owed by either or both of the User or the Indemnifier is limited to the proportion of the damage suffered by Western Power as a consequence of the Default, negligence or fraud of the either or both of the User or the Indemnifier giving rise to the liability or indemnity. (b) For the avoidance of doubt, where Western Power is liable to, or is to indemnify, either or both of the User or the Indemnifier under this Contract, the liability or indemnity owed by Western Power is limited to the proportion of the damage suffered by either or both of the User or the Indemnifier as a consequence of the Default, negligence or fraud of Western Power giving rise to the liability or indemnity. (c) For the purposes of the application of the indemnity given by the Indemnifier under clause 19.2(b): (i) clause 19.8(a) may apply to reduce the User’s liability to Western Power and, consequently, the amount of liability for which the Indemnifier must indemnify Western Power; (ii) except as provided in clause 19.8(c)(i), clause 19.8(a) does not apply to reduce the Indemnifier’s indemnification obligation.

Apportionment of Liability. (a) For the avoidance of doubt, where either or both of the User* or the Indemnifier* is liable to, or is to indemnify, the other Party* under this Contract*, the liability or indemnity owed by either or both of the User* or the Indemnifier* is limited to the proportion of the damage suffered by Western Power* as a consequence of the Default*, negligence or fraud of the either or both of the User* or the Indemnifier* giving rise to the liability or indemnity. (b) For the avoidance of doubt, where Western Power* is liable to, or is to indemnify, either or both of the User* or the Indemnifier* under this Contract*, the liability or indemnity owed by Western Power* is limited to the proportion of the damage suffered by either or both of the User* or the Indemnifier* as a consequence of the Default*, negligence or fraud of Western Power* giving rise to the liability or indemnity.

Apportionment of Liability. A Participant’s Liability to indemnify the Operator (whether under Section 7.1 or otherwise) will be reduced proportionally to the extent that any negligent act or omission of the Operator or its officers, employees or agents has caused or contributed to any Loss, Claim, proceeding, injury or death.

Apportionment of Liability. (a) To the extent permitted by Law, the operation of Part 1F of the Civil Liability Act 2002 (WA) is excluded in relation to all and any rights, obligations and Liabilities under this Agreement whether such rights, obligations or Liabilities are sought to be enforced as a Claim in contract, tort (including negligence), equity, under statute or otherwise at Law. (b) Without limiting the generality of paragraph (a), it is further agreed that the rights, obligations and Liabilities of the parties (including those relating to proportionate liability) are as specified in this Agreement and not otherwise whether such rights, obligations and Liabilities are sought to be enforced by a Claim in contract, tort (including negligence), in equity, under statute or otherwise at Law. (c) If any provision of this Agreement is illegal, void, invalid, unenforceable for any reason, all other provisions which are self sustaining and capable of separate enforcement must, to the maximum extent permitted by Law, be and continue to be valid and enforceable.

Apportionment of Liability. Where a Party (Liable Party) is liable to, or is to indemnify, the other Party (Other Party) under this Agreement, the liability or indemnity owed by the Liable Party is limited to the proportion of the damage suffered by the Other Party as a consequence of the Default, negligence or fraud of the Liable Party giving rise to the liability or indemnity.

Apportionment of Liability. Except as otherwise provided in this Agreement: (i) Subject to the Farmee’s obligations under Clause 4, the Farmor shall be liable for all damages, losses, costs, claims, expenses, liabilities and obligations attributable to the Farmout Interest in respect of all periods prior to the Effective Date and the Farmee shall be liable for all such damages, losses, costs, claims, expenses, liabilities and obligations so attributable thereafter, all in accordance with the provisions of the JOA and this Agreement. (ii) Subject to the Farmee’s obligations under Clause 4, the Farmor shall be entitled to all income, receipts, rebates and other amounts attributable to the Farmout Interest in respect of the period prior to the Effective Date and the Farmee shall be entitled to all income, receipts, rebates and other amounts so attributable thereafter, all in accordance with the provisions of the JOA and this Agreement.

Apportionment of Liability. To the extent permitted by Law, the operation of Part 1F of the Civil Liability Act is excluded in relation to all and any rights, obligations and Liabilities under this Contract.

Apportionment of Liability. The DEPARTMENT and GRANTEE shall be responsible only for the acts, omissions or negligence of such entity’s own employees. The term “employee” is defined for the purposes of this section as set forth in Idaho Code section 6-902. Nothing in this Agreement shall extend the tort responsibility or liability of either the DEPARTMENT or GRANTEE beyond that required by the Idaho Tort Claims Act, Idaho Code section 6-901 et seq. Each party shall be responsible for damage to property of the other party caused by its employees in the performance of the Agreement to the extent funds are legally available therefore. The DEPARTMENT participates in the comprehensive liability plan provided through the Risk Management Program established under Idaho Code section 67-5733 et seq. At GRANTEE’s request, the DEPARTMENT shall provide confirmation of participation, including evidence of participation in workers’ compensation provided by the State Insurance Fund. At the DEPARTMENT’s request, GRANTEE shall provide evidence of participation in a self-insurance program or retained liability program or certificates of insurance evidencing liability and property coverage, including workers’ compensation coverage. If a property claim or damage is not covered by the party’s self-insurance or other property coverage, the responsible party shall pay the costs arising from such claim or damage to the extent funds are legally available therefore. If a claim or damage arises from more than one party’s performance of the Agreement or is not allocable to any party, each party shall pay the costs to such party arising from the claim or damage.