Liability Limitations Relating to Warranties and Defects Sample Clauses

Liability Limitations Relating to Warranties and Defects. 15.6.1 CONTRACTOR’S CUMULATIVE AGGREGATE LIABILITY FOR THE FAILURE OF THE WORK TO COMPLY WITH THE WARRANTIES SET FORTH IN SECTION 15.1 AND FOR THE COST OF CORRECTION OF SIGNIFICANT CONSTRUCTION DEFECTS PURSUANT TO SECTION 15.5 SHALL NOT EXCEED [***] (the “DEFECTS SUBCAP”). To the extent that Contractor incurs (or is charged by Owners per Section 15.2.2) costs in excess of the Defects Subcap in performing its remedy obligations under Section 15.2, such costs shall be treated as Reimbursable Costs, but shall not entitle Contractor to any adjustment in the Fee. 15.6.2 For purposes of determining whether the Defects Subcap has been reached, the following amounts shall be excluded: (i) amounts received by Contractor from any Third Party in the form of damages paid or otherwise in connection with any Warranty Issue; (ii) proceeds received by Contractor or any Subcontractor from any insurance coverage required by this Agreement with respect to any Warranty Issue;