Common use of Exclusivity of Specified Remedies Clause in Contracts

Exclusivity of Specified Remedies. The Province shall not be entitled to claim damages or indemnification in respect of specific events or circumstances which constitute (or would constitute, if the applicable threshold set out in the Technical Requirements were met) grounds for a Payment Adjustment (excluding Traffic Volume Adjustments). The Contractor shall not be entitled to damages or indemnification in respect of any breach by the Province under this Agreement that would duplicate compensation to the Contractor under Section 13 arising from a Relief Event. Every right to claim damages or indemnification or reimbursement under this Agreement shall be construed so that recovery is without duplication to any other amount recoverable under this Agreement, and shall not be construed in such manner as would allow a party to recover the same loss twice.

Exclusivity of Specified Remedies. The Province shall not be entitled to claim damages or indemnification in respect of specific events or circumstances which constitute (or would constitute, if the applicable threshold set out in the Technical Requirements were met) grounds for a Payment Adjustment (excluding Traffic Volume Adjustments)Adjustment. The Contractor shall not be entitled to damages or indemnification in respect of any breach by the Province under this Agreement that would duplicate compensation to the Contractor under Section 13 arising from a Relief Event. Every right to claim damages or indemnification or reimbursement under this Agreement shall be construed so that recovery is without duplication to any other amount recoverable under this Agreement, and shall not be construed in such manner as would allow a party to recover the same loss twice.

Exclusivity of Specified Remedies. The Province shall not be entitled to claim damages or indemnification in respect of specific events or circumstances which constitute (or would constitute, if the applicable threshold set out in the Technical Requirements were met) grounds for a Payment Adjustment (excluding Traffic Volume Adjustments). The Contractor shall not be entitled to claim damages or indemnification in respect of any breach by the Province under this Agreement that would duplicate compensation to in respect of which the Contractor has sought compensation under Section 13 arising from as a Relief Event. Every right to claim damages or indemnification or reimbursement under this Agreement shall be construed so that recovery is without duplication to any other amount recoverable under this Agreement, and shall not be construed in such manner as would allow a party to recover the same loss twice.

Exclusivity of Specified Remedies. ‌ The Province shall not be entitled to claim damages or indemnification in respect of specific events or circumstances which constitute (or would constitute, if the applicable threshold set out in the Technical Requirements were met) grounds for a Payment Adjustment (excluding Traffic Volume Adjustments)Adjustment. The Contractor shall not be entitled to damages or indemnification in respect of any breach by the Province under this Agreement that would duplicate compensation to the Contractor under Section 13 arising from a Relief Event. Every right to claim damages or indemnification or reimbursement or to set off or hold back any amount under this Agreement shall be construed so that recovery is without duplication to any other amount recoverable under this Agreement, and shall not be construed in such manner as would allow a party to recover the same loss or amount twice.

Exclusivity of Specified Remedies. ‌ The Province shall not be entitled to claim damages or indemnification in respect of specific events or circumstances which constitute (or would constitute, if the applicable threshold set out in the Technical Requirements were met) grounds for a Payment Adjustment (excluding Traffic Volume Adjustments)Adjustment. The Contractor shall not be entitled to damages or indemnification in respect of any breach by the Province under this Agreement that would duplicate compensation to the Contractor under Section 13 arising from a Relief Event. Every right to claim damages or indemnification or reimbursement or to set off or holdback any amount under this Agreement shall be construed so that recovery is without duplication to any other amount recoverable under this Agreement, and shall not be construed in such manner as would allow a party to recover the same loss or amount twice.

Exclusivity of Specified Remedies. ‌ The Province shall not be entitled to claim damages or indemnification in respect of specific events or circumstances which constitute (or would constitute, if the applicable threshold set out in the Technical Requirements were met) grounds for a Payment Adjustment (excluding Traffic Volume Adjustments). The Contractor shall not be entitled to damages or indemnification in respect of any breach by the Province under this Agreement that would duplicate compensation to the Contractor under Section 13 arising from a Relief Event. Every right to claim damages or indemnification or reimbursement under this Agreement shall be construed so that recovery is without duplication to any other amount recoverable under this Agreement, and shall not be construed in such manner as would allow a party to recover the same loss twice.