Common use of LIABILITY OF DEVELOPER Clause in Contracts

LIABILITY OF DEVELOPER. Notwithstanding anything to the contrary contained in this Agreement, (a) In addition to the Developer’s liability and obligations and JTDCL remedies provided elsewhere in this Agreement, the Developer shall be solely responsible for any loss of or damage to the Project Facilities, damage to environment, death or injury to person, and any other liabilities, damages, losses and reasonable cost and expenses (including legal costs) suffered by JTDCL during the Agreement Period: (i) resulting from any act, omission or negligence of the Developer or any other Person claiming through or under it, including Subcontractors, and their respective employees, agents, subcontractors and representatives. (ii) in connection with, arising out of, or resulting from any breach of warranty, material misrepresentation by the Developer or any other Person claiming through or under it, or non-performance of any term, condition, covenant or obligation to be performed by the Developer under this Agreement. (b) The Developer shall also be liable for any loss or damage which occurs as a result of any act, event, omission, negligence or default (including property circumstances, quality of materials used, workmanship, structural, design or other defects, latent or patent, non-compliance with building bye laws, other Applicable Laws, regulatory requirements of Competent Authorities, Specifications and Standards or any other matter) for which the Developer is liable or which is attributable to the Developer and, in turn, the Persons claiming through or under the Developer. (c) The Developer shall be fully and solely liable for all works, contracts, dealings and activities in relation to the development, design, financing, construction, maintenance and implementation of the Project.

LIABILITY OF DEVELOPER. Notwithstanding anything to the contrary contained in this Agreement, (a) In addition to the Developer’s liability and obligations and JTDCL DMA’s remedies provided elsewhere in this Agreement, the Developer shall be solely responsible for any loss of or damage to the Project Facilities, damage to environment, death or injury to person, and any other liabilities, damages, losses and reasonable cost and expenses (including legal costs) suffered by JTDCL DMA during the Agreement Concession Period: (i) resulting from any act, omission or negligence of the Developer or any other Person claiming through or under it, including Subcontractors, and their respective employees, agents, subcontractors and representatives. (ii) in connection with, arising out of, or resulting from any breach of warranty, material misrepresentation by the Developer or any other Person claiming through or under it, or non-performance of any term, condition, covenant or obligation to be performed by the Developer under this Agreement. (b) The Developer shall also be liable for any loss or damage which occurs as a result of any act, event, omission, negligence or default (including property circumstances, quality of materials used, workmanship, structural, design or other defects, latent or patent, non-compliance with building bye laws, other Applicable Laws, regulatory requirements of Competent Authorities, Specifications and Developmental Standards or any other matter) for which the Developer is liable or which is attributable to the Developer and, in turn, the Persons claiming through or under the Developer. (c) The Developer shall be fully and solely liable for all works, contracts, dealings and activities in relation to the development, design, financing, construction, maintenance construction and implementation of the Project.

LIABILITY OF DEVELOPER. Notwithstanding anything to the contrary contained in this Agreement, (a) In addition to the Developer’s liability and obligations and JTDCL remedies Developer¶V OLDELOLW\ DDQMGA¶VREUOHLPJHDGWLLHRV provided elsewhere in this Agreement, the Developer shall be solely responsible for any loss of or damage to the Project Facilities, damage to environment, death or injury to person, and any other liabilities, damages, losses and reasonable cost and expenses (including legal costs) suffered by JTDCL DMA during the Agreement Concession Period: (i) resulting from any act, omission or negligence of the Developer or any other Person claiming through or under it, including Subcontractors, and their respective employees, agents, subcontractors and representatives. (ii) in connection with, arising out of, or resulting from any breach of warranty, material misrepresentation by the Developer or any other Person claiming through or under it, or non-performance of any term, condition, covenant or obligation to be performed by the Developer under this Agreement. (b) The Developer shall also be liable for any loss or damage which occurs as a result of any act, event, omission, negligence or default (including property circumstances, quality of materials used, workmanship, structural, design or other defects, latent or patent, non-compliance with building bye laws, other Applicable Laws, regulatory requirements of Competent Authorities, Specifications and Developmental Standards or any other matter) for which the Developer is liable or which is attributable to the Developer and, in turn, the Persons claiming through or under the Developer. (c) The Developer shall be fully and solely liable for all works, contracts, dealings and activities in relation to the development, design, financing, construction, maintenance construction and implementation of the Project.