2. Where any loss, liability, cost or expense is suffered by the Client for which XYZ would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such loss, liability, cost or expense shall be recoverable by the Client from XYZ (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of XYZ's contribution to the overall fault for such loss, liability, cost or expense, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the loss, liability, cost, or expense in question of any third party for the purposes of this Article, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such loss, liability, cost or expense occurred or was otherwise incurred.