Common use of Damages for Breach of Warranty Clause in Contracts

Damages for Breach of Warranty. 9.7.1 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 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. 9.7.1 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 that which 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 and/or quality control with respect to such Maintenance Services within 10 ten Days after DB Contractor’s receipt of invoices therefor, and, subject to the limitations in Sections 12.6 12.7 and 12.712.8, any lost revenue arising from or relating to such Maintenance Services. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such Losses from any sums owed by TxDOT to DB Contractor pursuant to this CMACapital Maintenance Agreement.

Damages for Breach of Warranty. 9.7.1 DB Maintenance 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 which Maintenance 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 Maintenance 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 and/or quality control with respect to such Maintenance Services within 10 Days ten days after DB Maintenance Contractor’s receipt of invoices therefor, and, subject to the limitations in Sections 12.6 and Section 12.7, any lost revenue arising from or relating to such Maintenance Services. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such Losses from any sums owed by TxDOT to DB Maintenance Contractor pursuant to this CMAComprehensive Maintenance Agreement.

Damages for Breach of Warranty. 9.7.1 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 that which 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 and/or quality control with respect to such Maintenance Services within 10 ten Days after DB Contractor’s receipt of invoices therefor, and, subject to the limitations in Sections 12.6 12.7 and 12.712.8, any lost revenue arising from or relating to such Maintenance Services. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such Losses from any sums owed by TxDOT to DB Contractor pursuant to this CMAComprehensive Maintenance Agreement.

Damages for Breach of Warranty. 9.7.1 DB Maintenance 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 which Maintenance 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 Maintenance 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 and/or quality control with respect to such Maintenance Services within 10 Days ten days after DB Maintenance Contractor’s receipt of invoices therefor, and, subject to the limitations in Sections 12.6 12.7 and 12.712.8, any lost revenue arising from or relating to such Maintenance Services. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such Losses from any sums owed by TxDOT to DB Maintenance Contractor pursuant to this CMAComprehensive Maintenance Agreement.

Damages for Breach of Warranty. 9.7.1 DB Maintenance 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 which Maintenance 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 Maintenance 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 and/or quality control with respect to such Maintenance Services within 10 Days ten days after DB Maintenance Contractor’s receipt of invoices therefor, and, subject to the limitations in Sections 12.6 Section 12.7 and 12.7Section 12.8, any lost revenue arising from or relating to such Maintenance Services. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such Losses from any sums owed by TxDOT to DB Maintenance Contractor pursuant to this CMAComprehensive Maintenance Agreement.

Damages for Breach of Warranty. 9.7.1 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 that which 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 and/or quality control with respect to such Maintenance Services within 10 Days ten days after DB Contractor’s receipt of invoices therefor, and, subject to the limitations in Sections 12.6 12.7 and 12.712.8, any lost revenue arising from or relating to such Maintenance Services. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such Losses from any sums owed by TxDOT to DB Contractor pursuant to this CMAComprehensive Maintenance Agreement.