Common use of Assignment of School District’s Right to File Direct Claims against the Clause in Contracts

Assignment of School District’s Right to File Direct Claims against the. Prime Contractor for Environmental Consultant’s Damages. The Environmental Consultant agrees that in no event shall the School District be liable to the Environmental 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 Environmental 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 Environmental 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.

Assignment of School District’s Right to File Direct Claims against the. Prime Contractor for Environmental ConsultantArchitectural Designer’s Damages. The Environmental Consultant Architectural Designer agrees that in no event shall the School District be liable to the Environmental Consultant 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 Environmental ConsultantArchitectural 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 Environmental Consultant 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 33.14.

Assignment of School District’s Right to File Direct Claims against the. Prime Contractor for Environmental ConsultantMEP Engineer’s Damages. The Environmental Consultant MEP Engineer agrees that in no event shall the School District be liable to the Environmental Consultant 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 Environmental ConsultantMEP 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 Environmental Consultant 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.