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. 9.7.1 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 that DB Contractor is obligated to obtain from the Subcontractor pursuant to Section 9.4.1, or (c) a misrepresentation by any Subcontractor regarding any matter for which DB Contractor is obligated to obtain representations from the Subcontractor pursuant to Section 9.4.1. Such Losses shall include any costs incurred by TxDOT for independent quality assurance or quality control with respect to such Maintenance Services within 10 Days after DB Contractor’s receipt of invoices therefor, and, subject to the limitations in Sections 12.6 and 12.7, 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 CMA.
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 11.1.5. This limitation of liability shall not apply to liabilities incurred by Contractor arising out of its obligation to indemnify, defend and hold each Owner Indemnitee harmless from third-party Claims under Section 21.1 or to the extent covered by insurance required hereunder.
Damages for Breach of Warranty. 3.6.5.1 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 3.6.3, 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 3.6.3. 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 7.5.3 and 7.5.4, 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. 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 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. Subject to Section 14.3 and in addition to TxDOT's other rights and remedies hereunder, at law or in equity, Fabricator shall be liable for actual damages resulting from any breach of an express or implied warranty or any defect in the Work.
Damages for Breach of Warranty. Subject to Section 17.6 and in addition to TxDOT's other rights and remedies hereunder, at law or in equity, Integrator 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 Integrator’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 Section 17.4.
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 11.1.4. This limitation of liability shall not apply to liabilities incurred by Contractor arising out of its obligation to indemnify, defend and hold each State Indemnitee harmless from third party Claims under Article 21.1 or to the extent covered by insurance required hereunder.
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. Indiana Finance Authority/Joint Board 86. Toll Services Agreement LSIORB Toll Services Project Execution Version
