Common use of Liability of District Clause in Contracts

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. Except as provided in Appendix A, “Services to be Provided by Architect‐EngineerArchitect-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 Architect-Engineer may have under this Agreement or any applicable law. All rights and remedies of District or Architect‐EngineerArchitect-Engineer, whether under this Agreement or other applicable law, shall be cumulative.