Damages for Breach of Warranty. Subject to Section 17.5 and in addition to TxDOT's other rights and remedies hereunder, at law or in equity, DB Contractor shall be liable for actual damages resulting from any breach of an express or implied warranty or any defect in the Work, including the cost of performance of such obligations by others.
Damages for Breach of Warranty. 9.7.1 DB Contractor shall pay or reimburse TxDOT for all its Losses caused by (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation that DB Contractor is obligated to obtain from the Subcontractor pursuant to Section 9.4.1, or (c) a misrepresentation by any Subcontractor regarding any matter for which DB Contractor is obligated to obtain representations from the Subcontractor pursuant to Section 9.4.1. Such Losses shall include any costs incurred by TxDOT for independent quality assurance or quality control with respect to such Maintenance Services within 10 Days after DB Contractor’s receipt of invoices therefor, and, subject to the limitations in Sections 12.6 and 12.7, any lost revenue arising from or relating to such Maintenance Services. Alternatively, TxDOT, in its discretion, may deduct the amount of such Losses from any sums owed by TxDOT to DB Contractor pursuant to this CMA.
Damages for Breach of Warranty. 11.5.1 Subject to the provisions of this Article 11, Contractor’s liability to Owner for damages resulting from any breach of an express warranty provided under this Article 11 (including warranties made by Subcontractors) shall be limited to all those out-of-pocket third party costs reasonably incurred by Owner in effecting the remedy described in Section 11.1.3 itself or through a third party, including the costs described in Sections 11.1.4 and 11.1.5. This limitation of liability shall not apply to liabilities incurred by Contractor arising out of its obligation to indemnify, defend and hold each Owner Indemnitee harmless from third-party Claims under Section 21.1 or to the extent covered by insurance required hereunder.
Damages for Breach of Warranty. 3.7.5.1 DB Contractor shall pay or reimburse TxDOT for all its Losses caused by (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which DB Contractor is obligated to obtain from the Subcontractor pursuant to Section 3.7.3, or (c) a misrepresentation by any Subcontractor regarding any matter for that DB Contractor is obligated to obtain representations from the Subcontractor pursuant to Section 3.7.3. Such Losses shall include any costs incurred by TxDOT for independent quality assurance and/or quality control with respect to such Maintenance Services within ten days after DB Contractor’s receipt of invoices therefor, and, subject to the limitations in Sections 7.5.4 and 7.5.5, any lost revenue arising from or relating to such Maintenance Services. Alternatively, TxDOT, in its discretion, may deduct the amount of such Losses from any sums owed by TxDOT to DB Contractor pursuant to this Capital Maintenance Contract. Subject to Sections 7.5.3 and 7.5.4, and in addition to TxDOT’s other rights and remedies hereunder, at law or in equity, DB Contractor shall be liable for actual damages resulting from any breach of an express or implied warranty or any Defect in the Maintenance Services, including the cost of performance of such obligations by others.
Damages for Breach of Warranty. Subject to Section 17 and in addition to the Joint Board's other rights and remedies hereunder, at law or in equity, TSP shall be liable for actual damages resulting from any breach of an express or implied warranty or any defect in the Work, including the cost of performance of such obligations by others; provided, however, that TSP’s liability for revenue loss resulting from the failure of the System to perform in accordance with the Performance Requirements shall be as set forth in Exhibit N and in Section 4.
Damages for Breach of Warranty. Subject to Section 17.4 and in addition to TxDOT's other rights and remedies hereunder, at law or in equity, Developer shall be liable for actual damages resulting from any breach of an express or implied warranty or any defect in the Work, including the cost of performance of such obligations by others.
Damages for Breach of Warranty. Contractor’s liability to Department for damages resulting from any breach of an express warranty (including warranties made by Subcontractors) shall be limited to all those out-of-pocket third party costs reasonably incurred by Department in effecting the remedy described in Article 11.1.3 itself or through a third party, including the costs described in Article 11.1.4. This limitation of liability shall not apply to liabilities incurred by Contractor arising out of its obligation to indemnify, defend and hold each State Indemnitee harmless from third party Claims under Article 21.1 or to the extent covered by insurance required hereunder.
Damages for Breach of Warranty. Employee acknowledges that his representations and warranties made in Paragraph 7 of this Agreement are material terms of this Agreement, and that the Companies entered into this Agreement in reliance upon said representations and warranties. Further, Employee and the Companies agree that it would be impractical or extremely difficult to fix the actual damages sustained in the event Employee breached the representations and warranties contained in Paragraph 7. Accordingly, Employee and the Companies agree that in the event of a breach of the terms of Paragraph 7 of the 71 Agreement Employee shall Employee shall pay to the Companies $100,000 as liquidated damages, as that amount is a reasonable pre-estimate of damages for such breach.
Damages for Breach of Warranty. (a) The parties agree that their remedy, among themselves, with respect to any inaccuracy of representation or breach of warranty or covenant shall be limited to the recovery of actual damages, as provided herein, and that no incidental, indirect, consequential or other damages shall be recoverable therefor.
Damages for Breach of Warranty. If a Party (the "breaching Party") breaches any warranty set forth in this Section 5, the other Party (the non- breaching Party") may, pursuant to a written notice describing in reasonable detail the breaches, require the breaching Party to either (1) cure each such breach within thirty (30) days following such written notice (the "Cure Period"), and if each such breach cannot be Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote such omissions. cured within the Cure Period then ********************************** to the non- breaching Party **************************************************************, or (2) pay ******************************* to the non-breaching Party ************************************* and forego any attempts to cure such breach. The foregoing shall be the non-breaching Party's sole damages remedy for a breach of warranty by the non-breaching Party, but nothing in this Section 5(c) shall be construed as limiting the non-breaching Party's rights: (i) to indemnification as specified in Section 6, (ii) to seek damages or other remedies for breaches of other provisions of this Agreement arising out of the same act or omission; or (iii) to terminate this Agreement for breach pursuant to Section 10. Any Party who is required to pay ***************************** **************************** on each of three or more occasions (or for each of three or more uncured breaches) under this Agreement shall have the right but not the obligation, upon and after ********************************************* ***************** ***********, to terminate this Agreement for convenience upon thirty (30) days prior written notice to the other Party notwithstanding any other provision in Section 10 or this Agreement.
