Common use of Liability of District Clause in Contracts

Liability of District. 13.1. Other than as provided in this Agreement, District’s obligations under this Agreement shall be limited to the payment of the compensation provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event shall District be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement for the services performed in connection with this Agreement. 13.2. Any and all costs incurred by District, or for which District may become liable, to the extent caused by negligent delays of Consultant in its performance hereunder, shall be paid to District by Consultant as provided for herein and/or under California law. 13.3. District shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Consultant, or by its employees, even though such equipment be furnished or loaned to Consultant by District. 13.4. The Consultant hereby waives any and all claim(s) for recovery from the District under this Agreement, which loss or damage is covered by valid and collectible insurance policies. Consultant agrees to have its required insurance policies endorsed to prevent the invalidation of insurance coverage by reason of this waiver. This waiver shall extend to claims paid, or expenses incurred, by Consultant’s insurance company on behalf of the District.

Liability of District. 13.111.1. Other than as provided in this Agreement, District’s obligations under this Agreement shall be limited to the payment of the compensation provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event shall District be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement for the services performed in connection with this Agreement. 13.211.2. Any and all costs incurred by District, or for which District may become liable, to the extent caused by negligent delays of Consultant Construction Manager in its performance hereunder, shall be paid to District by Consultant Construction Manager as provided for herein and/or under California law. 13.311.3. District shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by ConsultantConstruction Manager, or by its employees, even though such equipment be furnished or loaned to Consultant Construction Manager by District. 13.411.4. The Consultant Construction Manager hereby waives any and all claim(s) for recovery from the District under this Agreement, which loss or damage is covered by valid and collectible insurance policies. Consultant Construction Manager agrees to have its required insurance policies endorsed to prevent the invalidation of insurance coverage by reason of this waiver. This waiver shall extend to claims paid, or expenses incurred, by ConsultantConstruction Manager’s insurance company on behalf of the District.