City Construction Responsibility. Except for the amounts payable to RCP under this Agreement and the Purchase Agreement and any violation of such Agreements by the City or the Recreation Center Construction Contractor, the City (i) shall have no liability, obligation or responsibility whatsoever with respect to the conduct of the construction of the Infrastructure Improvements, and (ii) shall not be liable for the performance or default of RCP, Bliss Sports II or their respective Contracting Parties. Nothing, including any inspection on behalf of the City, shall be construed as a warranty, expressed or implied, to any party by the City; provided that for purposes of the Agreement and the Purchase Agreement the City will be bound by any written acceptance by the City of the Infrastructure Improvements, including, without limitation, the Pad-Ready Condition of the Pad Site, as being in compliance with the terms of this Agreement, the Purchase Agreement and the Infrastructure Improvement Plans.
Appears in 5 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
City Construction Responsibility. Except for the amounts payable to RCP under this Agreement and the Purchase Agreement and any violation of such Agreements by the City or the Recreation Center Construction Contractor, the City (i) shall have no liability, obligation or responsibility whatsoever with respect to the conduct of the construction of the Infrastructure Improvements, Improvements and (ii) shall not be liable for the performance or default of RCP, Bliss Sports II or their respective Contracting Parties. Nothing, including any inspection on behalf of the City, shall be construed as a warranty, expressed or implied, to any party by the City; provided that for purposes of the Agreement and the Purchase Agreement the City will be bound by any written acceptance by the City of the Infrastructure Improvements, including, including without limitation, limitation the Pad-Ready Condition of the Pad Site, as being in compliance with the terms of this Agreement, the Purchase Agreement and the Infrastructure Improvement Plans.
Appears in 1 contract
Samples: Development Agreement
City Construction Responsibility. Except for or the amounts payable to RCP under this Agreement and the Purchase Agreement and any violation of such Agreements by the City or the Recreation Center Construction Contractor, the City (i) shall have no liability, obligation or responsibility whatsoever with respect to the conduct of the construction of the Infrastructure Improvements, Improvements and (ii) shall not be liable for the performance or default of RCP, Bliss Sports II or their respective Contracting Parties. Nothing, including any inspection on behalf of the City, shall be construed as a warranty, expressed or implied, to any party by the City; provided that for purposes of the Agreement and the Purchase Agreement the City will be bound by any written acceptance by the City of the Infrastructure Improvements, including, including without limitation, limitation the Pad-Ready Condition of the Pad Recreation Center Site, as being in compliance with the terms of this Agreement, the Purchase Agreement and the Infrastructure Improvement Plans.
Appears in 1 contract
Samples: Development Agreement