Common use of Mutual Waiver of Consequential Damages Clause in Contracts

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 sole expense, and we will honor and pay the costs and charges for it together with interest at the maximum rate permitted by law upon demand. If we fail to fulfill the preceding obligations, and if Owner or General Contractor bring an action to enforce this Warranty, we agree to pay Owner or General Contractor reasonable attorney's fees incurred in connection therewith. SUBCONTRACTOR: CONTRACTOR: WEBCOR/OBAYASHI JOINT VENTURE BY: BY: DATE: DATE: LICENSE NO. LICENSE NO. 928731A, B, C-8 LOCAL REPRESENTATIVE TO BE CONTACTED FOR SERVICE: NAME: ADDRESS: TELEPHONE: FORM 1033 EXHIBIT "B" Rev. 9/2010 Exhibit C LIEN RELEASES Form Number Form Title 1034 Conditional Waiver and Release Upon Progress Payment 1035 Unconditional Waiver and Release Upon Progress Payment 1036 Conditional Waiver and Release Upon Final Payment 1037 Unconditional Waiver and Release Upon Final Payment CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT Upon receipt by the undersigned of a check from Webcor/Obayashi Joint Venture (Maker of Check) in the sum of $ payable to and (Your Customer) when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of Transbay Joint Powers Authority located at

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 XxxxxxxxxxBox 26000 Sacramento, XX 00000 CA 95826 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 Xxxxx7th floor Address San Mateo, XX 00000 XxxxCA 94404 City, XxxxxState, XxxZip: 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 sole expense, and we will honor and pay the costs and charges for it together with interest at the maximum rate permitted by law upon demand. If we fail to fulfill the preceding obligations, and if Owner or General Contractor bring an action to enforce this Warranty, we agree to pay Owner or General Contractor reasonable attorney's fees incurred in connection therewith. SUBCONTRACTOR: CONTRACTOR: WEBCOR/OBAYASHI JOINT VENTURE BY: BY: DATE: DATE: LICENSE NO. LICENSE NO. 928731A, B, C-8 LOCAL REPRESENTATIVE TO BE CONTACTED FOR SERVICE: NAME: ADDRESS: TELEPHONE: FORM 1033 EXHIBIT "B" Rev. 9/2010 Exhibit C LIEN RELEASES Form Number Form Title 1034 Conditional Waiver and Release Upon Progress Payment 1035 Unconditional Waiver and Release Upon Progress Payment 1036 Conditional Waiver and Release Upon Final Payment 1037 Unconditional Waiver and Release Upon Final Payment CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT Upon receipt by the undersigned of a check from Webcor/Obayashi Joint Venture (Maker of Check) in the sum of $ payable to and (Your Customer) when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of Transbay Joint Powers Authority located at

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 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: Title: 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 sole expense, and we will honor and pay the costs and charges for it together with interest at the maximum rate permitted by law upon demand. If we fail to fulfill the preceding obligations, and if Owner or General Contractor bring an action to enforce this Warranty, we agree to pay Owner or General Contractor reasonable attorney's fees incurred in connection therewith. SUBCONTRACTOR: CONTRACTOR: WEBCOR/OBAYASHI JOINT VENTURE BY: BY: DATE: DATE: LICENSE NO. LICENSE NO. 928731A, B, C-8 LOCAL REPRESENTATIVE TO BE CONTACTED FOR SERVICE: NAME: ADDRESS: TELEPHONE: FORM 1033 EXHIBIT "B" Rev. 9/2010 Exhibit C LIEN RELEASES Form Number Form Title 1034 Conditional Waiver and Release Upon Progress Payment 1035 Unconditional Waiver and Release Upon Progress Payment 1036 Conditional Waiver and Release Upon Final Payment 1037 Unconditional Waiver and Release Upon Final Payment CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT Upon receipt by the undersigned of a check from Webcor/Obayashi Joint Venture (Maker of Check) in the sum of $ payable to and (Your Customer) when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of Transbay Joint Powers Authority located at