Common use of Liability Among the Parties Clause in Contracts

Liability Among the Parties. Notwithstanding Section 10.6, none of the Parties shall be liable to any of the other Parties for claims and/or actions (whether alleging negligence, breach of contract, strict liability, warranty, breach of professional services, detrimental reliance, or otherwise) relating to: (i) design, construction, operation or maintenance of any portion of the Rail Projects; (ii) financing or funding of any portion of the Rail Projects; and/or (iii) any other obligations hereunder, and each Party expressly disclaims any and all express or implied representations or warranties with respect thereof, including any warranties of suitability or fitness for use. The limitation of liability provided herein shall not apply to the following: 15.7.1 damages to the extent covered and paid for by insurance; 15.7.2 NICTD's indemnity obligation under Section 15.6; 15.7.3 damages to the extent covered and paid for by an Indemnitor pursuant to an indemnity obligation described in Section 7.2.6.1; and 15.7.4 damages to the extent paid for by a responsible party (other than a Party to this Governance Agreement) pursuant to applicable federal and state environmental laws.

Liability Among the Parties. Notwithstanding Section 10.6, none of the Parties shall be liable to any of the other Parties for claims and/or actions (whether alleging negligence, breach of contract, strict liability, warranty, breach of professional services, detrimental reliance, or otherwise) relating to: (i) design, construction, operation or maintenance of any portion of the Rail Projects; (ii) financing or funding of any portion of the Rail Projects; and/or (iii) any other obligations hereunder, and each Party expressly disclaims any and all express or implied representations or warranties with respect thereof, including any warranties of suitability or fitness for use. The limitation of liability provided herein shall not apply to the following: 15.7.1 damages to the extent covered and paid for by insurance; 15.7.2 NICTD's ’s indemnity obligation under Section 15.6; 15.7.3 damages to the extent covered and paid for by an Indemnitor pursuant to an indemnity obligation described in Section 7.2.6.1; and 15.7.4 damages to the extent paid for by a responsible party (other than a Party to this Governance Agreement) pursuant to applicable federal and state environmental laws.

Liability Among the Parties. Notwithstanding Section 10.6, none of the Parties shall be liable to any of the other Parties for claims and/or actions (whether alleging negligence, breach of contract, strict liability, warranty, breach of professional services, detrimental reliance, or otherwise) relating to: (i) design, construction, operation or maintenance of any portion of the Rail Projects; (ii) financing or funding of any portion of the Rail Projects; and/or (iii) any other obligations hereunder, and each Party expressly disclaims any and all express or implied representations or warranties with respect thereof, including any warranties of suitability or fitness for use. The limitation of liability provided herein shall not apply to the following: 15.7.1 damages to the extent covered and paid for by insurance; 15.7.2 NICTD's indemnity obligation under Section 15.6; 15.7.3 damages to the extent covered and paid for by an Indemnitor pursuant to an indemnity obligation described in Section 7.2.6.1; and 15.7.4 damages to the extent paid for by a responsible party (other than a Party to this Amended Governance Agreement) pursuant to applicable federal and state environmental laws.