Comparative Fault. Except as expressly provided to the contrary herein, it is the intent of the Parties that where fault is determined to have been joint or contributory, principles of comparative fault will be followed and each Party shall bear the proportionate cost of any Losses attributable to such Party's fault.
Appears in 4 contracts
Sources: Engineering, Procurement and Construction Agreement (Sunpower Corp), Engineering, Procurement and Construction Agreement (Sunpower Corp), Engineering, Procurement and Construction Agreement (Sunpower Corp)
Comparative Fault. Except as expressly provided to the contrary herein, it It is the intent of the Parties that where fault is determined to have been joint or contributory, principles of comparative fault will be followed and each indemnifying Party shall bear the proportionate cost of any Losses attributable to such indemnifying Party's ’s fault.
Appears in 2 contracts
Sources: Home Improvement Financing Program Agreement, Loan Agreement (SolarMax Technology, Inc.)
Comparative Fault. Except as expressly provided to the contrary herein, it is the intent of the Parties that where fault is determined to have been joint or contributory, principles of comparative fault will be followed and each Party shall bear the proportionate cost of any Losses loss, damage, expense and liability attributable to such Party's ’s fault.
Appears in 2 contracts
Sources: Procurement and Construction Contract, Procurement and Construction Contract
Comparative Fault. Except as expressly provided to the contrary herein, it is the intent of the Parties that where fault is determined to have been joint or contributory, principles of comparative fault will be followed and each Party shall bear the proportionate cost of any Losses attributable to such Party's ’s fault.
Appears in 1 contract
Sources: Build Transfer Agreement
Comparative Fault. Except as expressly provided to the contrary herein, it It is the intent of the Parties that where fault is determined to have been joint or contributory, principles of comparative fault will be followed followed, and each indemnifying Party shall bear the proportionate cost of any Losses attributable to such indemnifying Party's ’s fault.
Appears in 1 contract
Sources: Dealer Agreement
Comparative Fault. Except as expressly provided to the contrary herein, it It is the intent of the Parties that where fault is determined to have been joint or contributorycontributory by Customer and Asset Manager, principles of comparative fault will be followed and each Party shall bear the proportionate cost of any Losses loss attributable to such Party's ’s fault.
Appears in 1 contract
Sources: Master Service Agreement