Common use of Damage to the Project Clause in Contracts

Damage to the Project. 4.5.11.3.1 Subject to the restrictions and limitations set forth in this Section 4.5 hereof and Section 5 of the CMA, DB Contractor shall be entitled to a Change Order for its reasonable and documented costs to repair direct physical damage to any of the Maintained Elements to the extent set forth in this Section 4.5.11.3. 4.5.11.3.2 DB Contractor shall be entitled to a Change Order for its costs to repair direct physical loss or damage, including debris removal, to the extent such damage is directly attributable to and resulting from any of the following events, provided (1) the event is beyond the control of the DB Contractor-Related Entities, (2) the event is not due to an act, omission, negligence, recklessness, willful misconduct, breach of contract or Law of any DB Contractor-Related Entity, and (3) the event (or the effects of such event) could not have been avoided by the exercise of caution, due diligence, or reasonable efforts by DB Contractor: (a) the acts of third parties (not including DB Contractor-Related Entities or other parties acting on behalf of DB Contractor), including (i) collision with the Project by aircraft, ships, watercraft, trains, vehicles or other equipment; (ii) riot or civil commotion; (iii) vandalism;