Common use of Waiver of Damages Clause in Contracts

Waiver of Damages. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that City would not have entered into this Agreement had it been exposed to liability for damages from Developer and, therefore, Developer hereby waives all claims for damages against City for breach of this Agreement. Developer further acknowledges that under the Development Agreement Statute, land use approvals (including development agreements) must be approved by the City Council and that, under law, the City Council's discretion to vote in any particular way may not be constrained by contract. Developer therefore waives all claims for damages against City in the event that this Agreement or any Project approval is: (1) not approved by the City Council or (2) is approved by the City Council, but with new changes, amendments, conditions, or deletions to which Developer is opposed. Developer further acknowledges that, as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that, under law, the City Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer waives all claims for damages against City in this regard.

Waiver of Damages. Notwithstanding anything in this Agreement to the contrary, the Parties parties acknowledge that City the Town would not have entered into this Agreement had it been exposed to liability for damages from Developer andDeveloper, and that therefore, Developer hereby waives all claims for damages against City the Town for breach of this Agreement. Developer further acknowledges that under the Development Agreement StatuteLaw, land use approvals (including development agreements) must be approved by the City Town Council and that, that under law, the City Town Council's discretion to vote in any particular way may not be constrained by contract. Developer therefore waives all claims for damages against City the Town in the event that this Agreement or any Project approval Approval is: (1) not approved by the City Town Council or (2) is approved by the City Town Council, but with new changes, amendments, conditions, conditions or deletions to which Developer is opposed. Developer further acknowledges that, that as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that, that under law, the City Town Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer waives all claims for damages against City the Town in this regard.

Waiver of Damages. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that the City would not have entered into this Agreement had it been exposed to liability for damages from Developer andDeveloper, and that therefore, Developer hereby waives all claims for damages against the City for breach of this Agreement. Developer further acknowledges that under the Development Agreement StatuteLaw, land use approvals (including development agreements) must be approved by the City Council and that, that under law, the City Council's discretion to vote in any particular way may not be constrained by contract. Developer therefore waives all claims for damages against the City in the event that this Agreement or any Project approval Approval is: (1) not approved by the City Council or (2) is approved by the City Council, but with new changes, amendments, conditions, conditions or deletions to which Developer is opposed. Developer further acknowledges that, that as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that, that under law, the City Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer waives all claims for damages against the City in this regard.

Waiver of Damages. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that the City would not have entered into this Agreement had it been exposed to liability for damages from Developer andLandowner, and that therefore, Developer Landowner hereby waives all claims for damages against the City for breach of this Agreement. Developer Landowner further acknowledges that under the Development Agreement StatuteLaw, land use approvals (including development agreements) must be approved by the City Council and that, that under lawLaw, the City Council's discretion to vote in any particular way may not be constrained by contract. Developer Landowner therefore waives all claims for damages against the City in the event that this Agreement or any Project approval Approval is: (1) not approved by the City Council or (2) is approved by the City Council, but with new changes, amendments, conditions, conditions or deletions to which Developer Landowner is opposed. Developer Landowner further acknowledges that, that as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that, that under lawLaw, the City Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer Landowner waives all claims for damages against the City in this regard.

Waiver of Damages. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that City would not have entered into this Agreement had it been exposed to liability for damages from Developer Developers and, therefore, Developer Developers hereby waives waive all claims for damages against City for breach of this Agreement. Developer Developers further acknowledges acknowledge that under the Development Agreement Statute, land use approvals (including development agreements) must be approved by the City Council and that, under law, the City Council's discretion to vote in any particular way may not be constrained by contract. Developer Developers therefore waives waive all claims for damages against City in the event that this Agreement or any Project approval is: (1) not approved by the City Council or (2) is approved by the City Council, but with new changes, amendments, conditions, or deletions to which Developer is Developers are opposed. Developer Developers further acknowledges acknowledge that, as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that, under law, the City Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer waives Developers waive all claims for damages against City in this regard.

Waiver of Damages. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that City would not have entered into this Agreement had it been exposed to liability for damages from Developer and, therefore, Developer hereby waives waive all claims for damages against City for breach of this Agreement. Developer further acknowledges acknowledge that under the Development Agreement Statute, land use approvals (including development agreements) must be approved by the City Council and that, under law, the City Council's discretion to vote in any particular way may not be constrained by contract. Developer therefore waives waive all claims for damages against City in the event that this Agreement or any Project approval is: (1) not approved by the City Council or (2) is approved by the City Council, but with new changes, amendments, conditions, or deletions to which Developer is opposed. Developer further acknowledges acknowledge that, as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that, under law, the City Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer waives waive all claims for damages against City in this regard.

Waiver of Damages. Notwithstanding anything in this Agreement to the contrary, the Parties parties acknowledge that City the Town would not have entered into this Agreement had it been exposed to liability for damages from Developer andDeveloper, and that therefore, Developer hereby waives all claims for damages against City the Town for breach of this Agreement. Developer further acknowledges that under the Development Agreement StatuteLaw, land use use‌ approvals (including development agreements) must be approved by the City Town Council and that, that under law, the City Town Council's discretion to vote in any particular way may not be constrained by contract. Developer therefore waives all claims for damages against City the Town in the event that this Agreement or any Project approval Approval is: (1) not approved by the City Town Council or (2) is approved by the City Town Council, but with new changes, amendments, conditions, conditions or deletions to which Developer is opposed. Developer further acknowledges that, that as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that, that under law, the City Town Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer waives all claims for damages against City the Town in this regard.