Claims or Actions Against the Owner. 8.2.1 The Contractor shall look solely to the Funds appropriated to the Owner by the City for this Contract for the satisfaction of any claim or cause of action the Contractor may have against the Owner in connection with this Contract or the failure of the Owner to perform any of its obligations hereunder. In no event shall the Owner’s aggregate liability hereunder in connection herewith or related to the performance of the Contract Work exceed the Maximum Contract Price. The Contractor acknowledges and agrees that it will be adequately compensated by money damages alone for any act or omission of the Owner and therefore specifically waives any and all rights that it may have for equitable relief, including injunctive relief, in connection with this Contract.
8.2.2 Upon the Contractor’s acceptance of Final Payment, the Contractor agrees that it shall be deemed to have released the Owner from any and all claims, causes of action and liability to the Contractor, its Representatives, successors and assigns, in connection with this Contract or the performance of the Contract Work.
8.2.3 The Owner’s and the City’s Representatives shall have no personal liability in connection with this Contract or any failure of the Owner to perform its obligations hereunder.
8.2.4 No person or entity shall have any right or claim against the Owner, the City or any of their respective Representatives by reason of the failure of the Owner to withhold money pursuant to any provision of this Contract permitting the Owner to do so.
8.2.5 The Contractor agrees that it shall have no claim against the Owner for damages, or in any action or proceeding at law or in equity, unless the Contractor shall give the Owner Notice of the existence of the claim within sixty (60) days after the cause of action arose, or the damages first became ascertainable, whichever shall occur first. The Notice of claim must strictly comply as to form with all of the provisions required by law regarding claims against a municipal Owner with service of the same to be made by personal delivery upon an officer or agent of the Owner. Serving the Notice of claim in strict accordance with this Article shall be a necessary and non- waivable jurisdictional element of any claim by the Contractor.
8.2.6 Any action or proceeding by the Contractor against the Owner must be commenced within sixty (60) days after the service of the Notice of claim described in Part II, Section 8.2.5 above, but not before thirty (30) days a...
