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.
Appears in 7 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Damages for Breach of Warranty. Subject to Section 17.5 17.4 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.
Appears in 3 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Damages for Breach of Warranty. Subject to Section 17.5 and in addition to TxDOT's other rights and remedies hereunderhereun der, 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.
Appears in 1 contract
Samples: Development Agreement