Common use of Claims or Actions Against the Owner Clause in Contracts

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 after the service of the Notice of claim. 8.2.7 The filing of a Notice of Appeal by the Owner in any judicial proceeding shall stay the enforcement of any judgment against the Owner, pending a resolution and final determination of that appeal, without the Owner posting any security and without any court order being obtained. 8.2.8 In addition to any other contractual statute of limitations set forth herein, the Contractor agrees that no action against the Owner shall lie or be maintained if the Owner is barred by any statute or time limitation whatsoever at the time the Contractor institutes its suit or for twenty (20) days thereafter, from maintaining, prosecuting or instituting any claim against the City, the State, the United States Government, any insurance company which may be liable, any of them, or any other party, based upon the same facts alleged by the Contractor against the Owner, either as a third-party plaintiff or in a plenary action. 8.2.9 If any claim is made or any action brought relating to this Contract or the Contract Work, whether or not the Contractor is a party, the Contractor shall diligently render to the Owner any and all assistance which the Owner may require of the Contractor, without compensation. 8.2.10 The provisions of this Part II, Section 8.2 shall not waive, limit or in any way prejudice any other right of the Owner or the City.

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 after the service of the Notice of claim. 8.2.7 The filing of a Notice of Appeal by the Owner in any judicial proceeding shall stay the enforcement of any judgment against the Owner, pending a resolution and final determination of that appeal, without the Owner posting any security and without any court order being obtained. 8.2.8 In addition to any other contractual statute of limitations set forth herein, the Contractor agrees that no action against the Owner shall lie or be maintained if the Owner is barred by any statute or time limitation whatsoever at the time the Contractor institutes its suit or for twenty (20) days thereafter, from maintaining, prosecuting or instituting any claim against the City, the State, the United States Government, any insurance company which may be liable, any of them, or any other party, based upon the same facts alleged by the Contractor against the Owner, either as a third-party plaintiff or in a plenary action. 8.2.9 If any claim is made or any action brought relating to this Contract or the Contract Work, whether or not the Contractor is a party, the Contractor shall diligently render to the Owner any and all assistance which the Owner may require of the Contractor, without compensation. 8.2.10 The provisions of this Part II, Section 8.2 shall not waive, limit or in any way prejudice any other right of the Owner or the City.Section

Claims or Actions Against the Owner. 8.2.1 6.2.1 The Contractor Consultant shall look solely to the Funds funds appropriated to by the Owner by the City for this Contract for the satisfaction of any claim or cause of action the Contractor Consultant 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 Services exceed the Maximum Contract Price. The Contractor acknowledges and agrees that it will be adequately compensated . 6.2.2 Upon acceptance by money damages alone for any act or omission the Consultant of the Owner and therefore specifically waives any and all rights that it may have for equitable relief, including injunctive relief, in connection with Final Payment to be paid pursuant to this Contract. 8.2.2 Upon the Contractor’s acceptance of Final Payment, the Contractor Consultant agrees that it shall be deemed to have released the Owner from any and all claims, causes of action action, and liability to the ContractorConsultant, its Representatives, successors and assigns, in connection with this Contract or the performance of the Contract WorkServices. 8.2.3 The Owner’s and 6.2.3 No member, director, employee, servant, officer, agent or other person authorized to act on behalf of the City’s Representatives Owner shall have no any personal liability in connection with this Contract or any failure of the Owner to perform its obligations hereunder. 8.2.4 6.2.4 No person or entity shall have any right against the Owner or any member, director, employee, servant or officer, agent of the City or the Owner or other person authorized to act on their behalf or any claim against the Owner, the City or any of their respective Representatives the Owner by reason of the failure of the Owner or refusal to withhold money pursuant to any provision of this Contract permitting the Owner to do soSection 2.2.1 hereof. 8.2.5 6.2.5 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 after the service of the Notice of claim. 8.2.7 The filing of a Notice of Appeal by the Owner in any judicial proceeding shall stay the enforcement of any judgment against the Owner, pending a resolution and final determination of that appeal, without the Owner posting any security and without any court order being obtained. 8.2.8 In addition to any other contractual statute of limitations set forth herein, the Contractor Consultant agrees that no cause of action against the Owner in connection with this Contract or the Services shall lie or be maintained if by the Owner Consultant, its successors or assigns unless such action is barred by any statute or time limitation whatsoever at commenced within six months after (i) the time the Contractor institutes its suit or for twenty (20) days thereafter, from maintaining, prosecuting or instituting any claim against the City, the State, the United States Government, any insurance company which may be liable, any termination of themthis Contract, or any other party(ii) the accrual of the cause of action, based upon the same facts alleged by the Contractor against the Owner, either as a third-party plaintiff or in a plenary actionwhichever is earlier. 8.2.9 6.2.6 If any claim is made or any action brought relating to this Contract or the Contract WorkServices, whether or not the Contractor Consultant is a party, the Contractor Consultant shall diligently render to the Owner any and all assistance which that the Owner may require of the ContractorConsultant, without compensation. 8.2.10 6.2.7 The provisions of this Part II, Section 8.2 shall not waive, limit or in any way prejudice any other right of the Owner or the City.

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- 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 after the service of the Notice of claim. 8.2.7 The filing of a Notice of Appeal by the Owner in any judicial proceeding shall stay the enforcement of any judgment against the Owner, pending a resolution and final determination of that appeal, without the Owner posting any security and without any court order being obtained. 8.2.8 In addition to any other contractual statute of limitations set forth herein, the Contractor agrees that no action against the Owner shall lie or be maintained if the Owner is barred by any statute or time limitation whatsoever at the time the Contractor institutes its suit or for twenty (20) days thereafter, from maintaining, prosecuting or instituting any claim against the City, the State, the United States Government, any insurance company which may be liable, any of them, or any other party, based upon the same facts alleged by the Contractor against the Owner, either as a third-party plaintiff or in a plenary action. 8.2.9 If any claim is made or any action brought relating to this Contract or the Contract Work, whether or not the Contractor is a party, the Contractor shall diligently render to the Owner any and all assistance which the Owner may require of the Contractor, without compensation. 8.2.10 The provisions of this Part II, Section 8.2 shall not waive, limit or in any way prejudice any other right of the Owner or the City.Section