Common use of Assignment of School District Clause in Contracts

Assignment of School District. s Right to File Direct Claims against the Prime Contractor for Commissioning Agent’s Damages. The Commissioning Agent agrees that in no event shall the School District be liable to the Commissioning Agent for payment of additional compensation for any direct, indirect or impact damages, including but not limited to costs of acceleration or for loss of revenue, overhead or profit, or for any delay damages, costs or expenses, including but not limited to attorneys’ fees, court costs and legal expenses of whatever kind or nature, arising from any changes in any of the Commissioning Agent’s Services required under this Contract, including, without limitation, additional or different services, or changes in the time of performance, that are caused by or attributed to the fault, negligence, breach of contract, or willful act or omission of the Prime Contractor or any of its subcontractors or consultants on the Project, or the delay, disruption, interference or hindrance of the Prime Contractor or any of its subcontractors or consultants in construction on the Project. Instead, as its sole right and remedy with respect to such fault, negligence, breach of contract, willful act or omission, or such delay, disruption, interference or hindrance, of the Prime Contractor or any of its subcontractors or consultants, the Commissioning Agent shall be entitled to make, assert, file or bring a direct claim, action, cause of action or lawsuit against the Prime Contractor or any of its subcontractors or consultants, as an assignee of the School District, pursuant to this Paragraph 3.

Appears in 1 contract

Samples: Contract for Professional Engineering Services

AutoNDA by SimpleDocs

Assignment of School District. s Right to File Direct Claims against the Prime Contractor for Commissioning AgentStructural Designer’s Damages. The Commissioning Agent Structural Designer agrees that in no event shall the School District be liable to the Commissioning Agent Structural Designer for payment of additional compensation for any direct, indirect or impact damages, including but not limited to costs of acceleration or for loss of revenue, overhead or profit, or for any delay damages, costs or expenses, including but not limited to attorneys’ fees, court costs and legal expenses of whatever kind or nature, arising from any changes in any of the Commissioning AgentStructural Designer’s Services required under this Contract, including, without limitation, additional or different services, or changes in the time of performance, that are caused by or attributed to the fault, negligence, breach of contract, or willful act or omission of the Prime Contractor or any of its subcontractors or consultants on the Project, or the delay, disruption, interference or hindrance of the Prime Contractor or any of its subcontractors or consultants in construction on the Project. Instead, as its sole right and remedy with respect to such fault, negligence, breach of contract, willful act or omission, or such delay, disruption, interference or hindrance, of the Prime Contractor or any of its subcontractors or consultants, the Commissioning Agent Structural Designer shall be entitled to make, assert, file or bring a direct claim, action, cause of action or lawsuit against the Prime Contractor or any of its subcontractors or consultants, as an assignee of the School District, pursuant to this Paragraph 3.

Appears in 1 contract

Samples: Contract for Professional Services

Assignment of School District. s Right to File Direct Claims against the Prime Contractor for Commissioning AgentProgram Manager’s Damages. The Commissioning Agent Program Manager agrees that in no event shall the School District be liable to the Commissioning Agent Program Manager for payment of additional compensation for any direct, indirect or impact damages, including but not limited to costs of acceleration or for loss of revenue, overhead or profit, or for any delay damages, costs or expenses, including but not limited to attorneys’ fees, court costs and legal expenses of whatever kind or nature, arising from any changes in any of the Commissioning AgentProgram Manager’s Services required under this Contract, including, without limitation, additional or different services, or changes in the time of performance, that are caused by or attributed to the fault, negligence, breach of contract, or willful act or omission of the Prime Contractor or any of its subcontractors or consultants on the Project, or the delay, disruption, interference or hindrance of the Prime Contractor or any of its subcontractors or consultants in construction on the Project. Instead, as its sole right and remedy with respect to such fault, negligence, breach of contract, willful act or omission, or such delay, disruption, interference or hindrance, of the Prime Contractor or any of its subcontractors or consultants, the Commissioning Agent Program Manager shall be entitled to make, assert, file or bring a direct claim, action, cause of action or lawsuit against the Prime Contractor or any of its subcontractors or consultants, as an assignee of the School District, pursuant to this Paragraph 3.

Appears in 1 contract

Samples: Professional Services

Assignment of School District. s Right to File Direct Claims against the Prime Contractor for Commissioning AgentMEP Engineer’s Damages. The Commissioning Agent MEP Engineer agrees that in no event shall the School District be liable to the Commissioning Agent MEP Engineer for payment of additional compensation for any direct, indirect or impact damages, including but not limited to costs of acceleration or for loss of revenue, overhead or profit, or for any delay damages, costs or expenses, including but not limited to attorneys’ fees, court costs and legal expenses of whatever kind or nature, arising from any changes in any of the Commissioning AgentMEP Engineer’s Services required under this Contract, including, without limitation, additional or different services, or changes in the time of performance, that are caused by or attributed to the fault, negligence, breach of contract, or willful act or omission of the Prime Contractor or any of its subcontractors or consultants on the Project, or the delay, disruption, interference or hindrance of the Prime Contractor or any of its subcontractors or consultants in construction on the Project. Instead, as its sole right and remedy with respect to such fault, negligence, breach of contract, willful act or omission, or such delay, disruption, interference or hindrance, of the Prime Contractor or any of its subcontractors or consultants, the Commissioning Agent MEP Engineer shall be entitled to make, assert, file or bring a direct claim, action, cause of action or lawsuit against the Prime Contractor or any of its subcontractors or consultants, as an assignee of the School District, pursuant to this Paragraph 3.

Appears in 1 contract

Samples: Professional Services

Assignment of School District. s Right to File Direct Claims against the Prime Contractor for Commissioning AgentArchitectural Designer’s Damages. The Commissioning Agent Architectural Designer agrees that in no event shall the School District be liable to the Commissioning Agent Architectural Designer for payment of additional compensation for any direct, indirect or impact damages, including but not limited to costs of acceleration or for loss of revenue, overhead or profit, or for any delay damages, costs or expenses, including but not limited to attorneys’ fees, court costs and legal expenses of whatever kind or nature, arising from any changes in any of the Commissioning AgentArchitectural Designer’s Services required under this Contract, including, without limitation, additional or different services, or changes in the time of performance, that are caused by or attributed to the fault, negligence, breach of contract, or willful act or omission of the Prime Contractor or any of its subcontractors or consultants on the Project, or the delay, disruption, interference or hindrance of the Prime Contractor or any of its subcontractors or consultants in construction on the Project. Instead, as its sole right and remedy with respect to such fault, negligence, breach of contract, willful act or omission, or such delay, disruption, interference or hindrance, of the Prime Contractor or any of its subcontractors or consultants, the Commissioning Agent Architectural Designer shall be entitled to make, assert, file or bring a direct claim, action, cause of action or lawsuit against the Prime Contractor or any of its subcontractors or consultants, as an assignee of the School District, pursuant to this Paragraph 3.Paragraph

Appears in 1 contract

Samples: Contract for Professional Architectural Design Services

AutoNDA by SimpleDocs

Assignment of School District. s Right to File Direct Claims against the Prime Contractor for Commissioning AgentArchitectural Designer’s Damages. The Commissioning Agent Architectural Designer agrees that in no event shall the School District or the Program Manager be liable to the Commissioning Agent Architectural Designer for payment of additional compensation for any direct, indirect or impact damages, including but not limited to costs of acceleration or for loss of revenue, overhead or profit, or for any delay damages, costs or expenses, including but not limited to attorneys’ fees, court costs and legal expenses of whatever kind or nature, arising from any changes in any of the Commissioning AgentArchitectural Designer’s Services required under this Contract, including, without limitation, additional or different services, or changes in the time of performance, that are caused by or attributed to the fault, negligence, breach of contract, or willful act or omission of the Prime Contractor or any of its subcontractors or consultants on the Project, or the delay, disruption, interference or hindrance of the Prime Contractor or any of its subcontractors or consultants in construction on the Project. Instead, as its sole right and remedy with respect to such fault, negligence, breach of contract, willful act or omission, or such delay, disruption, interference or hindrance, of the Prime Contractor or any of its subcontractors or consultants, the Commissioning Agent Architectural Designer shall be entitled to make, assert, file or bring a direct claim, action, cause of action or lawsuit against the Prime Contractor or any of its subcontractors or consultants, as an assignee of the School District, pursuant to this Paragraph 3.

Appears in 1 contract

Samples: Contract for Professional Architectural Design Services

Assignment of School District. s Right to File Direct Claims against the Prime Contractor for Commissioning AgentConstruction Cost Consultant’s Damages. The Commissioning Agent Construction Cost Consultant agrees that in no event shall the School District or the Program Manager be liable to the Commissioning Agent Construction Cost Consultant for payment of additional compensation for any direct, indirect or impact damages, including but not limited to costs of acceleration or for loss of revenue, overhead or profit, or for any delay damages, costs or expenses, including but not limited to attorneys’ fees, court costs and legal expenses of whatever kind or nature, arising from any changes in any of the Commissioning AgentConstruction Cost Consultant’s Services required under this Contract, including, without limitation, additional or different services, or changes in the time of performance, that are caused by or attributed to the fault, negligence, breach of contract, or willful act or omission of the Prime Contractor or any of its subcontractors or consultants on the Project, or the delay, disruption, interference or hindrance of the Prime Contractor or any of its subcontractors or consultants in construction on the Project. Instead, as its sole right and remedy with respect to such fault, negligence, breach of contract, willful act or omission, or such delay, disruption, interference or hindrance, of the Prime Contractor or any of its subcontractors or consultants, the Commissioning Agent Construction Cost Consultant shall be entitled to make, assert, file or bring a direct claim, action, cause of action or lawsuit against the Prime Contractor or any of its subcontractors or consultants, as an assignee of the School District, pursuant to this Paragraph 3.

Appears in 1 contract

Samples: Contract for Professional Estimating and Scheduling Services

Assignment of School District. s Right to File Direct Claims against the Prime Contractor for Commissioning AgentMaterial Testing Consultant’s Damages. The Commissioning Agent Material Testing Consultant agrees that in no event shall the School District be liable to the Commissioning Agent Material Testing Consultant for payment of additional compensation for any direct, indirect or impact damages, including but not limited to costs of acceleration or for loss of revenue, overhead or profit, or for any delay damages, costs or expenses, including but not limited to attorneys’ fees, court costs and legal expenses of whatever kind or nature, arising from any changes in any of the Commissioning AgentMaterial Testing Consultant’s Services required under this Contract, including, without limitation, additional or different services, or changes in the time of performance, that are caused by or attributed to the fault, negligence, breach of contract, or willful act or omission of the Prime Contractor or any of its subcontractors or consultants on the Project, or the delay, disruption, interference or hindrance of the Prime Contractor or any of its subcontractors or consultants in construction on the Project. Instead, as its sole right and remedy with respect to such fault, negligence, breach of contract, willful act or omission, or such delay, disruption, interference or hindrance, of the Prime Contractor or any of its subcontractors or consultants, the Commissioning Agent Material Testing Consultant shall be entitled to make, assert, file or bring a direct claim, action, cause of action or lawsuit against the Prime Contractor or any of its subcontractors or consultants, as an assignee of the School District, pursuant to this Paragraph 3.

Appears in 1 contract

Samples: Contract for Supplemental Professional Material Testing and Special Inspection Services

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!