Common use of Comparative Fault Clause in Contracts

Comparative Fault. To the extent that either Landlord or Tenant ----------------- (inclusive of their respective employees, agents, contractors, servants, concessionaires, licensees, or invitees) is finally held by a court of competent jurisdiction to be partially at fault for any claim for which an indemnity obligation arises hereunder, then neither Landlord nor Tenant as against each other shall indemnify, defend or hold the other harmless and each party shall be liable only to the extent of the percentage of its own fault as finally held by the court of competent jurisdiction.

Comparative Fault. To the extent that either Landlord or Tenant ----------------- (inclusive of their respective employees, agents, contractors, servants, concessionaires, licensees, or invitees) is finally held by a court of competent jurisdiction to be partially at fault for any claim for which an indemnity obligation arises hereunder, then neither Landlord nor Tenant as against each other shall indemnify, defend or hold the other harmless and each party shall be liable only to the extent of the percentage of its own fault as finally held by the court of competent jurisdiction.