Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
Mutual Waiver of Consequential Damages. 5.3.1 Except as provided under Section 5.3.2, the Owner and A/E each waive against the other all claims for consequential damages that may arise out of or relate to this Agreement.
Mutual Waiver of Consequential Damages. Notwithstanding any other provision of this Agreement to the contrary, neither party including their officers, agents, servants and employees shall be liable to the other for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of this Agreement however caused under a claim of any type or nature based on any theory of liability (including, but not limited to: contract, tort, or warranty) even if the possibility of such damages has been communicated.
Mutual Waiver of Consequential Damages. The Contractor and Owner waive all claims against each other for all consequential damages arising out of or relating to this Contract. This mutual waiver includes:
Mutual Waiver of Consequential Damages. The parties hereto waive all claims against each other for any special, indirect, or consequential damages arising out of or relating to this agreement Contract. This mutual waiver is applicable, without limitation, to all consequential damages due to either parties’ termination of the Contract in accordance with its terms.
Mutual Waiver of Consequential Damages. 8.8.1 Except as provided under Section 8.8.2, the Owner and DB each waive against the other all Claims for consequential damages that may arise out of or relate to this Contract.
Mutual Waiver of Consequential Damages. 6.6.1 To the extent the Contractor’s Contract with the Owner provides for a mutual waiver of consequential damages by the Owner and the Contractor, the Contractor and the Subcontractor waive claims against each other for consequential damages arising out of or relating to this Agreement, including to the extent provided in the Contractor’s Contract with the Owner, damages for principal office expenses and the compensation of personnel stationed there; for loss of financing, business and reputation; and for loss of profit. To the extent applicable, this mutual waiver applies to consequential damages due to termination by the Contractor or the Owner in accordance with this Agreement or the Contractor’s Contract with the Owner. To the extent the Contractor’s Contract with the Owner does not preclude the award of liquidated damages, nothing contained in this Paragraph shall preclude the imposition of such damages, if applicable in accordance with the requirements of the Subcontract Documents.
Mutual Waiver of Consequential Damages. Contractor and Subcontractor mutually waive claims against each other for incidental or consequential damages arising out of relating to the Subcontract. This mutual waiver includes, but is not limited to, all damages for principal office expenses including the compensation of personnel, for losses of revenue (including profit), financing, business and reputation, and for loss of management or employee productivity or of the services of such persons. Liquidated damages imposed by the TJPA against Contractor are direct damages and nothing contained in this Section shall preclude an award of liquidated damages, when applicable, in accordance with the terms and conditions of the Contract Documents. CONTRACTORS, INCLUDING SUBCONTRACTOR AND LOWER-TIER SUBCONTRACTORS, ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTOR’S STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR OF THE BOARD, WHOSE ADDRESS IS: Contractor's State License Board Post Office Xxx 00000 Xxxxxxxxxx, XX 00000 Dated: Dated: CONTRACTOR SUBCONTRACTOR WEBCOR/OBAYASHI JOINT VENTURE By: By: (Signature – Webcor) (Signature) Printed Name: Printed Name: Title: Title: By: (Signature – Obayashi) Printed Name: Title: 000 Xxxxxxxx Xxxxxx Xxxx. 0xx xxxxx Xxxxxxx Xxx Xxxxx, XX 00000 Xxxx, Xxxxx, Xxx: Contractor's License No.: 928731A, B, C-8 Contractor's License No.: WARRANTY WARRANTY to Transbay Joint Powers Authority (Owner Name) 000 Xxxxxxx, Xxxxx 0000, Xxx Xxxxxxxxx, XX (Owner Address) We hereby warrant and guarantee that the (Description of Work) which we have installed at Transbay Transit Center has been done in strict accordance with the plans and specifications, and that the work installed will fulfill the requirements of those specifications. We agree to repair or replace, or cause to be repaired or replaced, any or all of the work which may prove to be defective in workmanship or materials, together with any adjacent work which required repair or replacement because of our defective work within a period of year(s) from the filing of the Notice of Completion on all improvements, or acceptance by the Owner of the building, whichever is later. If we fail to commence to comply with the above paragraph within ten (10) days after receipt of written notice, or fail to pursue such compliance with diligence, we jointly, and severally, do hereby authorize the Owner or the General Contractor to proceed to have the defects repaired and made good at our sol...
Mutual Waiver of Consequential Damages. 5.4.1 To the extent the Owner-Contractor agreement provides for a mutual waiver of consequential damages by the Owner and the Contractor, the Contractor and Subcontractor waive claims against each other for consequential damages arising out of or relating to this Agreement and a Subcontract, including to the extent provided in the Owner-Contractor agreement, damages for principal office expenses and the compensation of personnel stationed there; loss of financing, business and reputation; rental expense; loss of use; loss of management or employee productivity or of the services of such persons; and for loss of profit. Similarly, the Subcontractor shall obtain from its sub-subcontractors mutual waivers of consequential damages that correspond to the Subcontractor's waiver of consequential damages herein. To the extent applicable, this mutual waiver applies to consequential damages due to termination by the Contractor or the Owner in accordance with this Agreement or the Owner Contractor agreement. To the extent the Owner-Contractor agreement does not preclude the award of liquidated damages, nothing contained in this Paragraph 5.4 shall preclude the imposition of such damages, if applicable in accordance with the requirements of the Subcontract Documents.
Mutual Waiver of Consequential Damages. The Owner and the Design-Builder agree to waive all claims against the other for all consequential damages that may arise out of or relate to this Agreement. The Owner agrees to waive damages including but not limited to the Owner's loss of use of the Property, all rental expenses incurred, loss of services of employees, or loss of reputation. The Design-Builder agrees to waive damages including but not limited to the loss of business, loss of financing, principle office overhead and profits, loss of profits not related to this Project, or loss of reputation. This paragraph shall not be construed to preclude contractual provisions for liquidated damages when such provisions relate to direct damages only. The provisions of this paragraph shall govern the termination of this Agreement and shall survive such termination.
