Proportional liability Sample Clauses

Proportional liability. (a) Notwithstanding anything else, to the extent permissible by law, the expert or the arbitrator (as the case may be) will have no power to apply or to have regard to the provisions of any proportional liability legislation which might, in the absence of this provision, have applied to any dispute referred to arbitration or expert determination pursuant to this clause. (b) If any of the Services are being carried out in Western Australia, all of the provisions comprising Part 1F of the Civil Liability Act 2002 (WA) are hereby expressly excluded from application to this Contract.

Proportional liability. To the extent permitted by Law, the arbitrator will have no power to apply or to have regard to the provisions of any proportional liability legislation which might, in the absence of this clause 10.5, have applied to any dispute referred to arbitration in accordance with this clause 10.

Proportional liability. In addition to the other limitations in this document, where we and/or third parties are responsible for any loss suffered by you, our liability for that loss will be limited to a fair proportion of your total loss calculated by reference to the extent of our responsibility. If you have engaged others to represent or advise you on a matter in which we are involved and you agree with any of them that their liability to you will be limited, in order that our position is not adversely affected by any such limitation of their liability, you agree that our liability to you will not exceed the amount which would have applied in the absence of that limitation.

Proportional liability. Any liability of a party for Losses, however caused (including by negligence), in connection with the Services or this Agreement is reduced to the extent that the other party or its Affiliates, or its or their employees, contractors or agents, contribute to the Losses.

Proportional liability. Each indemnitor’s liability to pay or reimburse any indemnified claim is limited to the extent of the indemnitor’s proportional contribution. Neither pa rty has any liability to the extent that any losses in conjunction wi th indemnified claims are attributable to acts or omissions of the other pa rty or its indemnities.

Proportional liability. The extent to which any loss or damage will be recovered from the Consultant by the Client will also be limited so as to be in proportion to the Consultant’s contribution to the overall fault for such loss or damage, taking into account any contributory negligence by the Client, the Client’s other consultants and/or other advisers and/or any other third parties responsible to the Client and/or liable in respect of such loss.

Proportional liability. For purposes of liability in actions arising out of regional police services or the activities of the Commission and Department that are not covered by insurance protection, the Municipalities shall be liable in the same proportion as their funding assessment (calculated pursuant to Article V) in the year in which the event giving rise to liability occurred. This provision does not and should not be construed as expanding the liability of the Commission or the Municipalities. All immunities, limitations on liability and damages, protections and defenses under the laws of the United States and of the Commonwealth of Pennsylvania shall apply and are expressly preserved.

Proportional liability. If you suffer loss or damage because of our breach of contract or of our negligence, our liability will be limited to a just and equitable proportion of the total loss or damage you suffer having regard to the extent of the responsibility of any other party who may also be liable to you in respect of such loss and damage. Our liability in these circumstances will not be increased because of any actual or potential shortfall in recovery from another party whether due to any exclusion or limitation of liability that you have agreed to with another party, difficulty in enforcement, settlement of claims or any other reason.

Proportional liability. Notwithstanding anything else, to the extent permissible by law, the expert or the arbitrator (as the case may be) will have no power to apply or to have regard to the provisions of any proportional liability legislation which might, in the absence of this provision, have applied to any dispute referred to arbitration or expert determination pursuant to this clause. Despite the existence of an issue between the parties the Consultant must: continue to carry out the Services; and otherwise comply with its obligations under the Contract.