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, acts, or omissions of Construction Manager in its performance hereunder, shall be paid to District by Construction Manager 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 Construction Manager, or by its employees, even though such equipment be furnished or loaned to Construction Manager by District. 13.4 The 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. Construction Manager agrees to have its required insurance policies endorsed to prevent the invalidation of insurance coverages by reason of this waiver. This waiver shall extend to claims paid, or expenses incurred, by Construction Manager’s insurance company on behalf of the District.

Liability of District. 13.1 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 13.2. Any and all costs incurred by District, or for which District may become liable, to the extent caused by negligent delays, acts, or omissions delays of Construction Manager in its performance hereunder, shall be paid to District by Construction Manager as provided for herein and/or under California law. 13.3 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 Construction Manager, or by its employees, even though such equipment be furnished or loaned to Construction Manager by District. 13.4 13.4. The 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. Construction Manager agrees to have its required insurance policies endorsed to prevent the invalidation of insurance coverages coverage by reason of this waiver. This waiver shall extend to claims paid, or expenses incurred, by Construction Manager’s insurance company on behalf of the District.

Liability of District. 13.1 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 or for the services performed in connection with this Agreement. 13.2 13.2. Any and all costs incurred by District, or for which District may become liable, to the extent caused by intentional or negligent delays, acts, acts or omissions of Construction Program Manager in its performance hereunder, shall be paid to District by Construction Program Manager as provided for herein and/or under California law. 13.3 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 Construction Program Manager, or by its employees, even though such equipment be furnished or loaned to Construction Program Manager by District. 13.4 13.4. The Construction Program 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. Construction Program Manager agrees to have its required insurance policies endorsed to prevent the invalidation of insurance coverages coverage by reason of this waiver. This waiver shall extend to claims paid, or expenses incurred, by Construction Program Manager’s insurance company on behalf of the District.

Liability of District. 13.1 12.1. 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 12.2. Any and all costs incurred by District, or for which District may become liable, to the extent caused by negligent delays, acts, delays or omissions breach of Construction Manager in its performance hereunder, shall be paid to District by Construction Manager as provided for herein and/or under California law. 13.3 12.3. 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 Construction Manager, or by its employees, even though such equipment be furnished or loaned to Construction Manager by District. 13.4 The 12.4. Construction Manager hereby waives any and all claim(s) claims for recovery from the District of any losses or damages which may arise under this Agreement, which loss or damage is covered by valid and collectible insurance policiesrequired under this Agreement or otherwise available to Construction Manager. Construction Manager agrees to have its insurance required insurance policies hereunder endorsed to prevent the invalidation of insurance coverages coverage by reason of this waiver. This waiver shall extend to claims paid, paid or expenses expense incurred, by Construction ManagerManger’s insurance company company(ies) on behalf of the District.