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 the Commissioning Agent’s Additional Services. The Commissioning Agent agrees that in no event shall the School District be liable to the Commissioning Agent for payment of compensation for Additional Services for any of the Commissioning Agent’s Services 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 assigned Project(s), or the delay, disruption, interference or hindrance of the Prime Contractor or any of its subcontractors or consultants in construction on the assigned Project(s). 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 6.

Appears in 3 contracts

Samples: Professional Services, Professional Services, Contract for Professional Engineering Services

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Assignment of School District. s Right to File Direct Claims against the Prime Contractor for the Commissioning AgentRoofing Designer’s Additional Services. The Commissioning Agent Roofing Designer agrees that in no event shall the School District be liable to the Commissioning Agent Roofing Designer for payment of compensation for Additional Services for any of the Commissioning AgentRoofing Designer’s Services 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 assigned Project(s), or the delay, disruption, interference or hindrance of the Prime Contractor or any of its subcontractors or consultants in construction on the assigned Project(s). 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 Roofing 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 6.

Appears in 1 contract

Samples: Professional Services

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