Damages for Breach of Warranty Clause Samples

Damages for Breach of Warranty. Subject to Section 17.5 and in addition to TxDOT's other rights and remedies hereunder, at law or in equity, DB Contractor shall be liable for actual damages resulting from any breach of an express or implied warranty or any defect in the Work, including the cost of performance of such obligations by others.

Damages for Breach of Warranty. Contractor shall pay or reimburse TxDOT for all its Losses caused by (a) a failure of the Maintenance Services to satisfy the Warranties,

Damages for Breach of Warranty. Subject to Section 17 and in addition to the Joint Board's other rights and remedies hereunder, at law or in equity, TSP shall be liable for actual damages resulting from any breach of an express or implied warranty or any defect in the Work, including the cost of performance of such obligations by others; provided, however, that TSP’s liability for revenue loss resulting from the failure of the System to perform in accordance with the Performance Requirements shall be as set forth in Exhibit N and in Section 4.

Damages for Breach of Warranty. Subject to Section 12.6 and in addition to TxDOT’s other rights and remedies hereunder, at law or in equity, Maintenance Contractor shall be liable for actual damages resulting from any breach of an express or implied warranty or any Defect in the Maintenance Services. Texas Department of Transportation RFP Addendum 1Final Request for Proposals SH 99 Grand Parkway Project May 3June 19, 2012 42 Capital Maintenance Agreement This Section 10 sets forth the requirements for obtaining all Change Orders under this Capital Maintenance Agreement. Maintenance Contractor hereby acknowledges and agrees that the Maintenance Price constitutes full compensation for performance of all of the Maintenance Services, subject only to those exceptions specified in this Section 10, and that TxDOT is subject to constraints limiting its ability to increase the Maintenance Price. Maintenance Contractor unconditionally and irrevocably waives the right to any Claim for any monetary compensation in addition to the Maintenance Price and other compensation specified in this Capital Maintenance Agreement, except in accordance with this Section 10. To the extent that any other provision of this Capital Maintenance Agreement expressly provides for a Change Order to be issued, such provision is incorporated into and subject to this Section 10. 10.1 Circumstances Under Which Change Orders May Be Issued 10.1.1 Definition of and Requirements Relating to Change Orders

Damages for Breach of Warranty. 11.5.1 Subject to the provisions of this Article 11, Contractor’s liability to Owner for damages resulting from any breach of an express warranty provided under this Article 11 (including warranties made by Subcontractors) shall be limited to all those out-of-pocket third party costs reasonably incurred by Owner in effecting the remedy described in Section 11.1.3 itself or through a third party, including the costs described in Sections 11.1.4 and 11.

Damages for Breach of Warranty. Subject to Section 12.6 and in addition to TxDOT’s other rights and remedies hereunder, at law or in equity, Maintenance Contractor shall be liable for actual damages resulting from any breach of an express or implied warranty or any Defect in the Maintenance Services.

Damages for Breach of Warranty. Subject to Section 17.5 and in addition to TxDOT's other rights and remedies hereunder, at law or in equity, Developer shall be liable for actual damages resulting from any breach of an express or implied warranty or any defect in the Work, including the cost of performance of such obligations by others.

Damages for Breach of Warranty. 3.7.5.1 DB Contractor shall pay or reimburse TxDOT for all its Losses caused by (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which DB Contractor is obligated to obtain from the Subcontractor pursuant to Section 3.7.3, or (c) a misrepresentation by any Subcontractor regarding any matter for that DB Contractor is obligated to obtain representations from the Subcontractor pursuant to Section 3.7.3. Such Losses shall include any costs incurred by TxDOT for independent quality assurance and/or quality control with respect to such Maintenance Services within ten days after DB Contractor’s receipt of invoices therefor, and, subject to the limitations in Sections 7.5.4 and 7.5.5, any lost revenue arising from or relating to such Maintenance Services. Alternatively, TxDOT, in its discretion, may deduct the amount of such Losses from any sums owed by TxDOT to DB Contractor pursuant to this Capital Maintenance Contract. Subject to Sections 7.5.3 and 7.5.4, and in addition to TxDOT’s other rights and remedies hereunder, at law or in equity, DB Contractor shall be liable for actual damages resulting from any breach of an express or implied warranty or any Defect in the Maintenance Services, including the cost of performance of such obligations by others.

Damages for Breach of Warranty. Contractor’s liability to Department for damages resulting from any breach of an express warranty (including warranties made by Subcontractors) shall be limited to all those out-of-pocket third party costs reasonably incurred by Department in effecting the remedy described in Article 11.1.3 itself or through a third party, including the costs described in Article 11.1.