No Special or Consequential Damages. In no event shall Losses be deemed to include any special, indirect, consequential or punitive damages.
No Special or Consequential Damages. No Party shall be entitled to recover special, consequential, exemplary or punitive damages from the other Parties, and each Party hereby waives any claim or right to special, consequential, exemplary or punitive damages hereunder, even if caused by the active, passive, sole, joint, concurrent or comparative negligence, strict liability, or other fault of any Party, other than fraud or intentional misconduct.
No Special or Consequential Damages. Notwithstanding anything to the contrary contained in any of the Sale Documents, no party shall be liable to or otherwise responsible to any Seller Indemnified Person or Purchaser Indemnified Person, as the case may be, or any of their respective successors or assigns, for consequential, incidental or special damages or for lost profits with respect to any indemnifiable claims under this Article XII, except to the extent such damages are asserted against an indemnified party by a third party.
No Special or Consequential Damages. No party shall be liable, and each party hereby agrees to waive and shall not seek the recovery of, any special or consequential damages for the breach or threatened breach of any provision of this Agreement.
No Special or Consequential Damages. NO PARTY SHALL BE ENTITLED TO RECOVER SPECIAL OR CONSEQUENTIAL DAMAGES FROM THE OTHER PARTIES, AND EACH PARTY HEREBY WAIVES ANY CLAIM OR RIGHT TO SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES HEREUNDER, EVEN IF CAUSED BY THE ACTIVE, PASSIVE, SOLE, JOINT, CONCURRENT OR COMPARATIVE NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT OF ANY PARTY.
No Special or Consequential Damages. The City expressly waives any claims against Metro regarding the Scope of Work under this Agreement. Metro’s liability under this Agreement will be limited to payment of the Grant Funds, to the extent that the City has fully and completely complied with all terms and conditions of this Agreement. In no event will Metro be liable for and the City specifically releases Metro from any liability for special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwise) under or in respect of this Agreement or for any failure of performance related to the Scope of Work or this Agreement, however caused, whether or not arising from Metro’s sole, joint or concurrent negligence. THE CITY, BY EXECUTION OF THIS AGREEMENT TO AGREE, HEREBY ACKNOWLEDGES THAT THE CITY HAS READ THIS AGREEMENT TO AGREE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. City of Tigard Metro By: By: Printed: Printed: Xxxxxx Xxxxxxx Title: Title: Chief Operating Officer Date: Date: Metro Contract No. 935481 Project: Xxxx Xxxxxx Xxxxx Xxxxxx Retrofit – Phase 2 The project will complete Main Street by extending the improvements done with Phase 1 and with the Pacific Highway/Main Street/Xxxxxxxxx Road projects. These improvements include new sidewalks, new asphaltic concrete pavement and low impact development approaches (XXXX) for stormwater runoff. A mini roundabout will be analyzed for the intersection of Main & Scoffin Streets. If feasible, the mini roundabout will be included in the construction documents and constructed with the project. A structural roadway failure on Xxxx Xxxxxx Xxxxx 0 at the raised intersection shall be analyzed to determine a remedy, options include dig out and replacement of the areas or a mini roundabout replacement of the intersection. The remediation of the roadway failures will be funded separately. Traffic analysis will include the ingress, egress and turn pocket for the post office. Proposed improvements within the ROW should be included in the construction phase. Additionally, the project will replace the existing storm sewer main, repair or replace portions of the sanitary sewer main, and upgrade water services. The city’s Strategic Plan emphasizes walkability. The design will include improvements to ADA access at street crossings and business accesses. Curb extensions will be considered for improved pedestrian street crossing.
No Special or Consequential Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NO PARTY WILL BE LIABLE FOR SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OR LOST PROFITS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OTHER LAW OR OTHERWISE AND WHETHER OR NOT ARISING FROM ANY OTHER PARTY’S SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT (“NON-REIMBURSABLE DAMAGES”), PROVIDED, THAT ANY AMOUNTS PAYABLE TO THIRD PARTIES PURSUANT TO A THIRD PARTY CLAIM (OTHER THAN A CLAIM FOR CONSEQUENTIAL DAMAGES ARISING UNDER A CONTRACT PROVISION AGREED TO BY THE INDEMNIFIED PARTY THAT DOES NOT NEGATE CONSEQUENTIAL DAMAGES) WILL NOT BE DEEMED NON- REIMBURSABLE DAMAGES.
No Special or Consequential Damages. The County expressly waives any claims against Metro regarding the Scope of Work under this Agreement. In no event will Metro be liable for and the County specifically releases Metro from any liability for special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwise) under or in respect of this Agreement or for any failure of performance related to the Scope of Work or this Agreement, however caused, whether or not arising from Metro’s sole, joint or concurrent negligence. 6 of 21 Revised July 2018 OMA/MB Multnomah Contract: DCS-IGA-R-10906-2019 Page 7 Project Title: NE 000xx Xxxxxx Pedestrian Crossing Feasibility Study Project RTP No. 10394 Estimated budget at time of award: Total Cost of Project: $133,000 Metro Award: $ 70,000 Local: Fairview Contribution: $ 58,000 Local: Multnomah County Contribution (in-kind): $ 5,000 The Project application is attached to the Scope of Work as Attachment 1. The County will proceed with the Project as follows:
No Special or Consequential Damages. The County expressly waives any claims against Metro regarding the Scope of Work under this Agreement. In no event will Metro be liable for and the County specifically releases Metro from any liability for special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwise) under or in respect of this Agreement. Metro Contract No. 935879 The County, BY EXECUTION OF THIS AGREEMENT TO AGREE, HEREBY ACKNOWLEDGES THAT THE County HAS READ THIS AGREEMENT TO AGREE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Washington County Metro By: By: Printed: Printed: Xxxxxx Xxxxxxx Title: Title: Chief Operating Officer Date: Date: Project Title/Project Number: TV Highway Corridor Project Applicable RTP #s 10779, 10805, 10806, 10849, 10846, 11440, 11441 and 11379 Estimated budget at time of award: Total Cost of Project: $500,000 Metro Award $500,000 Project Purpose: This project will facilitate a coordinated vision for the types of treatments envisioned to accommodate bicycles, pedestrians, transit, freight mobility and vehicles within the TV Highway corridor. The project outcome will be a consistent and robust analysis and a feasible funding approach with the aim of providing project partners a level of certainty about delivering a comprehensive set of projects. The following Scope of Work includes Tasks and Deliverables. The County will proceed with the Project as follows:
No Special or Consequential Damages. CONTRACTOR WAIVES ANY SPECIAL OR CONSEQUENTIAL DAMAGES FOR CLAIMS, DISPUTES OR OTHER MATTERS IN QUESTION RELATING TO THIS AGREEMENT.
