CLAIMS FOR DAMAGES. 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his / her employees, agents or others for whose acts he / she is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.
CLAIMS FOR DAMAGES. If the Contractor wishes to make a claim, whether for extra compensation, damages or other relief, by reason of any act or omission of the Owner or its agents or representative or other causes beyond the reasonable control of the Contractor, the Contractor shall comply with the requirements set forth below. Strict compliance with all claims submission requirements set forth below or in any other provision of the Contract Documents shall be a condition precedent to the Contractor’s right to pursue any claim or to recover or prevail thereon. All time requirements set forth as claims submission requirements shall be deemed to be of the essence. Compliance with all claims submission requirements shall not, however, create any presumption of validity of any claim.
CLAIMS FOR DAMAGES. The Prime Recipient agrees to release the Federal Government, Federal officers and employees, contractors, and agents from any and all liability, responsibility, and claims for consequential, punitive, special, or incidental damages, claims for lost profits, or other direct or indirect damages arising out of or relating to this Award.
CLAIMS FOR DAMAGES. 11.3.1 If either party to this Agreement suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party’s employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a claim of additional cost or time related to this claim is to be asserted, it shall be filed in writing.
CLAIMS FOR DAMAGES. Should Supplier suffer injury or damage to person or property because of any act or omission of PSTA or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to PSTA within ten (10) days after the first observance of such injury or damage, or shall be forever barred.
CLAIMS FOR DAMAGES. Jurisdiction for any damages arising under the terms of the Contract will be in the courts of the State, and venue will be in the Second Judicial Circuit in and for Xxxx County. The parties waive their right to a jury trial. Except as otherwise provided by law, the parties agree to be responsible for their own attorney’s fees incurred in connection with disputes arising under the terms of this Contract.
CLAIMS FOR DAMAGES. Any claim resulting from injury or damage to person or property because of any act or omission of the Lessee or of any of his employees, agents or others for whose acts he is legally liable, should be made in writing to the Lessee. The Lessee is responsible for settlement of all such claims. Remedies - Unless this agreement provides otherwise, all claims, counterclaims, disputes and other matters in question between the Lessor and the Lessee arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the County in which the Lessor is located.
CLAIMS FOR DAMAGES. If the Contractor makes claim to any damages alleged to have been sustained by breach of contract or otherwise, he shall, within ten (10) days after occurrence of the alleged breach or within ten (10) days after such damages are alleged to have been sustained, whichever date is earlier, file with the City a written, itemized statement in triplicate of the details of the alleged breach and the details and amount of the alleged damages. The Contractor agrees that unless such statement is made and filed as so required, his claim for damages shall be deemed waived, invalid and unenforceable, and that he shall not be entitled to any compensation for any such alleged damages.
CLAIMS FOR DAMAGES. With the exception of third-party claims or impleader, no action or proceeding shall lie or be maintained by Construction Manager against Owner, Architect, Lender, if any, or Consultants upon any claim arising out of or based upon the Contract Documents or by reason of any act or omission or any requirements relating to the giving of notices or information, unless such action or proceeding shall be commenced within two (2) years after the Final Completion of the Work or, if this Agreement is earlier terminated, within two (2) years following the date of such earlier termination. This limitation shall not limit Construction Manager’s right to seek indemnification or contribution from Owner in actions commenced by third parties. This Article XXVIII shall not be deemed or construed to modify any other provision hereof relating to waivers of claims by Construction Manager. Construction Manager shall cause each Trade Contract to contain like provisions to this Article XXVIII and a provision requiring like provisions to be contained in subcontracts of any tier.
CLAIMS FOR DAMAGES. The DEVELOPER agrees that after PROJECT acceptance by WSDOT, as provided for in Section 9, and in the event of a subsequent claim for damages or loss for bodily injury, sickness, death, or injury to or destruction of property that (i) occurs within the PROJECT limits and (ii) is alleged to be attributable to design, defective materials, workmanship or any other cause related to the PROJECT construction, Developer shall defend such claims, indemnify and hold WSDOT harmless therefrom, and WSDOT shall not be obligated to pay any such claim or the cost of defense. Nothing in this Section, however, shall remove from the DEVELOPER or WSDOT any responsibilities defined by the current laws of the State of Washington or from any liabilities for damages caused by the Parties' own negligent acts or omissions, as set forth in Section 10. The terms of this Section shall survive the termination of this Agreement.