Developer Liability Clause Samples
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Developer Liability. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR AMOUNTS ARISING UNDER INDEMNITY, BREACHES OF CONFIDENTIALITY, GROSS NEGLIGENCE, OR GROSS MISUSE OF FIG FUNDS, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL DEVELOPER BE LIABLE TO FIG OR ANY AFFILIATE OF FIG OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY AMOUNT IN EXCESS OF THE TOTAL AMOUNT PAID BY FIG TO DEVELOPER UNDER THIS AGREEMENT FOR TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH A CLAIM GIVING RISE TO LIABILITY IS MADE. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT.
Developer Liability. Developer shall be relieved of any obligations under this Agreement as a result of any such Transfer to the extent, but only to the extent, that Developer Successor assumes such obligations in an Assumption Agreement that satisfies Section 7.2, above, a copy of which shall be delivered to Lead Organizations. In such case neither Developer nor any owner of a different interest in the Project shall be liable for any breach of this Agreement by such Developer Successor, solely with respect to the interest being transferred.
Developer Liability. The Telos network uses “
Developer Liability. The Telos Blockchain Network uses “Free and Open Source Software” defined as software which has been authored by single or separate authors who do not retain proprietary ownership to said software and make its source code freely available on a public repository. Members agree to hold Developers of all open source software exempt of liability for mistakes, errors, or breach of contract made in the expression of contractual intent, whether or not said mistakes were due to actual or perceived negligence.
Developer Liability. Notwithstanding the fact that the Project is intended to be a coordinated development of the Development Site by Developer and NSPT, nothing in this Agreement shall be construed to make Developer liable for any of the obligations of NSPT pursuant to the Disposition and Development Agreement between NSPT and the Successor Agency, or any agreements or other instruments entered into pursuant to the NSPT DDA, including the Cost Sharing Agreement or the Park Maintenance Agreement, unless such obligations are expressly set forth herein or such obligations are in other agreements executed by Developer pursuant to this Agreement.
Developer Liability. Developer shall be relieved of any obligations under this Agreement as a result of any such Transfer to the extent, but only to the extent, that Permitted Transferee assumes such obligations in an Assumption Agreement that satisfies all terms of this Article 14.
Developer Liability. In the event of a Transfer of Project Interest, notwithstanding anything in this Article to the contrary, Developer shall remain liable for any breach of this Agreement occurring prior to the Transfer of Project Interest and shall remain liable for all obligations not expressly assumed by the Developer Successor(s) in the Confirmation of Successorship Agreement.
Developer Liability. Notwithstanding any foreclosure or other enforcement of any security interest created by a Senior Financing Agreement, the Developer shall remain liable to the County for the payment of all sums owing to the County under this Project Agreement and the performance and observance of all of the Developer’s covenants and obligations under this Project Agreement.
Developer Liability