Liability of District. 13.1. Other than as provided in this Agreement, District’s financial obligations under this Agreement shall be limited to the payment of the compensation provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event shall District be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
Liability of District. Notwithstanding anything stated herein to the contrary, District shall not be liable for any special, consequential, indirect or incident damages, including but not limited to lost profits in connection with this Agreement.
Liability of District. Other than as provided in this Agreement, DISTRICT’S financial obligations under this Agreement shall be limited to the payment of the compensation provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event, shall DISTRICT be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement for the services performed in connection with this Agreement. Any and all costs incurred by DISTRICT, or for which DISTRICT may become liable, to the extent caused by negligent delays of ARCHITECT in its performance hereunder, shall be paid by ARCHITECT to DISTRICT or the District may withhold those costs from amounts owing to ARCHITECT. DISTRICT shall not be responsible for any damage to persons or property as a result of the use or misuse of any equipment used by ARCHITECT, or by its employees, even though such equipment be furnished or loaned to ARCHITECT by DISTRICT. Except as otherwise provided in this Agreement, nothing in this Agreement shall limit any equitable indemnity rights that the Parties have under California law. Because ARCHITECT did not prepare the contract documents for the modular classroom structures, DISTRICT waives all claims against ARCHITECT arising from errors or omissions in the contract documents prepared by the designer of the prototype classroom buildings and agrees to indemnify and hold harmless ARCHITECT from any damage, liability or cost arising from errors or omissions contained in the contract documents prepared by the designer of the prototype classroom buildings, except for damage, liability or cost to the extent it is due to the negligence or willful misconduct of the ARCHITECT.
Liability of District. DISTRICT’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT PROVIDED TO CONTRACTOR UNDER THIS AGREEMENT. DISTRICT SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, IN CONNECTION WITH THIS AGREEMENT.
Liability of District. The District shall be free of any liability for the payment of 5 any compensation or damages now or hereafter provided by law for the death or 6 injury of any employee of the District when the death or injury occurs while the 7 employee is on leave of absence without pay. 8
Liability of District. 9.1 Except as provided in Appendix A, Services to be Provided by Consultant and Appendix E, Insurance, District's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 3, 4, and 5 of this Agreement,
Liability of District. Except as provided in Appendix A, “Services to be Provided by Architect‐Engineer” and Article 9, “Insurance”, District’s obligations under this Agreement shall be limited to the payment of the compensation provided for in Sections 3, 4 and 5 of this Agreement. Notwithstanding any other provision of this Agreement, in no event shall District be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, including without limitation lost profits or revenue, arising out of or in connection with this Agreement, the Services, the Program or any Project. Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which District or Architect‐Engineer may have under this Agreement or any applicable law. All rights and remedies of District or Architect‐Engineer, whether under this Agreement or other applicable law, shall be cumulative.
Liability of District. The District shall not incur any responsibility in respect of the Bonds and Additional Bonds or this Agreement other than in connection with the duties or obligations explicitly herein or in the Bonds and Additional Bonds assigned to or imposed upon it. The District shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The District shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements of the Fiscal Agent herein or of any of the documents executed by the Fiscal Agent in connection with the Bonds and Additional Bonds, or as to the existence of a default or event of default thereunder. In the absence of bad faith, the District, including the Treasurer, may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the District and conforming to the requirements of this Agreement. The District, including the Treasurer, shall not be liable for any error of judgment made in good faith unless it shall be proved that it was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the City or District to expend or risk its own general funds or otherwise incur any financial liability (other than with respect to the Special Tax Revenues) in the performance of any of its obligations hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The District may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The District may consult with counsel, who may be the City Attorney, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. The District shall not be bound to recognize any person as the Owner of a Bond or Additional Bond unless and until such Bond or Additional Bond is submitted for inspection, if required, and his title there...
Liability of District. Other than as provided in this Agreement, DISTRICT’S financial obligations under this Agreement shall be limited to the payment of the compensation provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event, shall DISTRICT be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement for the services performed in connection with this Agreement. Any and all costs incurred by DISTRICT, or for which DISTRICT may become liable, to the extent caused by negligent delays of ARCHITECT in its performance hereunder, shall be paid by ARCHITECT to DISTRICT or the District may withhold those costs from amounts owing to ARCHITECT. DISTRICT shall not be responsible for any damage to persons or property as a result of the use or misuse of any equipment used by ARCHITECT, or by its employees, even though such equipment be furnished or loaned to ARCHITECT by DISTRICT. Except as otherwise provided in this Agreement, nothing in this Agreement shall limit any equitable indemnity rights that the Parties have under California law.
Liability of District. 9.01 Except as provided in Appendix A, Services to be Provided by Architect, and Appendix E, Insurance, District’s obligations under this Agreement shall be limited to the payment of the compensation provided for in ARTICLE 3 and ARTICLE 4 of this Agreement.
