Damages for Breach of Warranty. Subject to Section 17.5 and in addition to TxDOT's other rights and remedies hereunder, at law or in equity, DB Contractor shall be liable for actual damages resulting from any breach of an express or implied warranty or any defect in the Work, including the cost of performance of such obligations by others.
Damages for Breach of Warranty. Subject to Section 17.5 and in addition to TxDOT's other rights and remedies hereunder, at law or in equity, Developer shall be liable for actual damages resulting from any breach of an express or implied warranty or any defect in the Work, including the cost of performance of such obligations by others.
Damages for Breach of Warranty. 3.7.5.1 DB Contractor shall pay or reimburse TxDOT for all its Losses caused by (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which DB Contractor is obligated to obtain from the Subcontractor pursuant to Section 3.7.3, or (c) a misrepresentation by any Subcontractor regarding any matter for that DB Contractor is obligated to obtain representations from the Subcontractor pursuant to Section 3.7.3. Such Losses shall include any costs incurred by TxDOT for independent quality assurance and/or quality control with respect to such Maintenance Services within ten days after DB Contractor’s receipt of invoices therefor, and, subject to the limitations in Sections 7.5.4 and 7.5.5, any lost revenue arising from or relating to such Maintenance Services. Alternatively, TxDOT, in its discretion, may deduct the amount of such Losses from any sums owed by TxDOT to DB Contractor pursuant to this Capital Maintenance Contract. Subject to Sections 7.5.3 and 7.5.4, and in addition to TxDOT’s other rights and remedies hereunder, at law or in equity, DB Contractor shall be liable for actual damages resulting from any breach of an express or implied warranty or any Defect in the Maintenance Services, including the cost of performance of such obligations by others.
Damages for Breach of Warranty. Contractor shall pay or reimburse TxDOT for all its Losses caused by (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation that DB Contractor is obligated to obtain from the Subcontractor pursuant to Section 9.4.1, or (c) a misrepresentation by any Subcontractor regarding any matter for which DB Contractor is obligated to obtain representations from the Subcontractor pursuant to Section 9.4.1. Such Losses shall include any costs incurred by TxDOT for independent quality assurance or quality control with respect to such Maintenance Services within 10 Days after DB Contractor’s receipt of invoices therefor, and, subject to the limitations in Sections 12.6 and 12.7, any lost revenue arising from or relating to such Maintenance Services. Alternatively, TxDOT, in its discretion, may deduct the amount of such Losses from any sums owed by TxDOT to DB Contractor pursuant to this CMA.
Damages for Breach of Warranty. Subject to Section 12.6 and in addition to TxDOT’s other rights and remedies hereunder, at law or in equity, Maintenance Contractor shall be liable for actual damages resulting from any breach of an express or implied warranty or any Defect in the Maintenance Services.
Damages for Breach of Warranty. 11.5.1 Subject to the provisions of this Article 11, Contractor’s liability to Owner for damages resulting from any breach of an express warranty provided under this Article 11 (including warranties made by Subcontractors) shall be limited to all those out-of-pocket third party costs reasonably incurred by Owner in effecting the remedy described in Section 11.1.3 itself or through a third party, including the costs described in Sections 11.1.4 and 11.
Damages for Breach of Warranty. Contractor shall pay or reimburse TxDOT for all its Losses caused by (a) a failure of the Maintenance Services to satisfy the Warranties,
Damages for Breach of Warranty. Subject to Section 17 and in addition to the Joint Board's other rights and remedies hereunder, at law or in equity, TSP shall be liable for actual damages resulting from any breach of an express or implied warranty or any defect in the Work, including the cost of performance of such obligations by others; provided, however, that TSP’s liability for revenue loss resulting from the failure of the System to perform in accordance with the Performance Requirements shall be as set forth in Exhibit N and in Section 4.
Damages for Breach of Warranty. (a) The parties agree that their remedy, among themselves, with respect to any inaccuracy of representation or breach of warranty or covenant shall be limited to the recovery of actual damages, as provided herein, and that no incidental, indirect, consequential or other damages shall be recoverable therefor.
(b) The amount of any actual damages resulting from any inaccuracy of representation or breach of warranty or covenant on the part of Seller hereunder shall be limited as follows.
(i) Except as provided in (ii) and (iii) below, where the value of an item of the Interests affected by any such inaccuracy or breach is less than its value would have been had all of Seller's representations and warranties been true and all covenants performed, then only the difference in value shall be deemed to be actual damages; and the maximum actual damages recoverable in connection with such item of the Interests shall be limited to the Agreed Value for such item of the Interests, less the portion of the Production Payment attributable thereto.
(ii) With regard to any breach by Seller of the representations and warranties set forth in Sections 3.3 concerning title, and those representations and warranties applicable to xxxxx qualifying for tax credits under Section 29 of the Code as set forth in Section 3.5, Seller shall reimburse Buyer any amount of the tax credit payments made to Seller under Section 2(b)(vii) (and the applicable provisions of Section 4 dealing therewith) of the Assignment, but which are determined, by final order of a court of competent jurisdiction, not to be allowed as a proper credit against Buyer's tax liability for the sole reason that such facts and circumstances represented and warranted by Seller therein were untrue.
(iii) In the event any payment is made by Seller to Buyer under the provisions of (i) or (ii) above, Seller shall also pay to Buyer interest on the amount(s) involved, at the national Prime Rate of interest quoted day to day in The Wall Street Journal for the applicable period of time from the date such amount(s) were paid to Seller by Buyer to the date of repayment hereunder.
(c) No actual damage resulting from any inaccuracy or representation or breach of warranty or covenant hereunder shall be payable by the breaching party unless (i) such actual damage exceeds the sum of $10,000 (in which case the full amount of such actual damage shall be payable by such breaching party), or (ii) the total of all such individual items of ac...
Damages for Breach of Warranty. Contractor’s liability to Department for damages resulting from any breach of an express warranty (including warranties made by Subcontractors) shall be limited to all those out-of-pocket third party costs reasonably incurred by Department in effecting the remedy described in Article 11.1.3 itself or through a third party, including the costs described in Article 11.1.
