Common use of Liability of District Clause in Contracts

Liability of District. Other than as provided in this Agreement, DISTRICT’S financial 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. Any and all costs incurred by DISTRICT, or for which DISTRICT may become liable, to the extent caused by negligent delays of ARCHITECT in its performance hereunder, shall be paid by ARCHITECT to DISTRICT or the District may withhold those costs from amounts owing to ARCHITECT. DISTRICT shall not be responsible for any damage to persons or property as a result of the use or misuse of any equipment used by ARCHITECT, or by its employees, even though such equipment be furnished or loaned to ARCHITECT by DISTRICT. Except as otherwise provided in this Agreement, nothing in this Agreement shall limit any equitable indemnity rights that the Parties have under California law. Because ARCHITECT did not prepare the contract documents for the modular classroom structures, DISTRICT waives all claims against ARCHITECT arising from errors or omissions in the contract documents prepared by the designer of the prototype classroom buildings and agrees to indemnify and hold harmless ARCHITECT from any damage, liability or cost arising from errors or omissions contained in the contract documents prepared by the designer of the prototype classroom buildings, except for damage, liability or cost to the extent it is due to the negligence or willful misconduct of the ARCHITECT.

Liability of District. Other than as provided in this Agreement, DISTRICT’S financial 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. Any and all costs incurred by DISTRICT, or for which DISTRICT may become liable, to the extent caused by negligent delays of ARCHITECT in its performance hereunder, shall be paid by ARCHITECT to DISTRICT or the District may withhold those costs from amounts owing to ARCHITECT. DISTRICT shall not be responsible for any damage to persons or property as a result of the use or misuse of any equipment used by ARCHITECT, or by its employees, even though such equipment be furnished or loaned to ARCHITECT by DISTRICT. Except as otherwise provided in this Agreement, nothing in this Agreement shall limit any equitable indemnity rights that the Parties have under California law. Because ARCHITECT did not prepare the contract documents for the modular classroom structures, DISTRICT waives all claims against ARCHITECT arising from errors or omissions in the contract documents prepared by the designer of the prototype classroom buildings and agrees to indemnify and hold harmless ARCHITECT from any damage, liability or cost MISA0071-CPMU arising from errors or omissions contained in the contract documents prepared by the designer of the prototype classroom buildings, except for damage, liability or cost to the extent it is due to the negligence or willful misconduct of the ARCHITECT.