Common use of Limitation of Certain Contractor Liabilities Clause in Contracts

Limitation of Certain Contractor Liabilities. Notwithstanding anything herein to the contrary, the total liability of Contractor in contract, tort, equity or otherwise (including negligence, warranty, strict liability or otherwise) relative to or arising out of this Agreement shall not exceed an amount equal to forty percent (40%) of the Contract Sum; provided, that the foregoing limitation shall not apply to or include: (i) the proceeds of insurance, not to exceed amounts required to be maintained by Contractor in accordance with the terms of this Agreement; (ii) costs, liabilities or obligations that arise from Gross Negligence, willful misconduct or actual fraud of Contractor; (iii) costs, liabilities or obligations that arise from Contractor’s abandonment of the DB Work or from a Contractor Default described in Section 15.2.1(vii); (iv) Contractor’s breach of its obligations in Section 10.4; or (v) Contractor’s indemnity obligations under Article 13.

Limitation of Certain Contractor Liabilities. Notwithstanding anything herein to the contrary, the total liability of Contractor in contract, tort, equity or otherwise (including negligence, warranty, strict liability or otherwise) relative to or arising out of this Agreement shall not exceed an amount equal to forty percent (40%) of the Contract Sum; provided, that the foregoing limitation shall not apply to or include: (i) the proceeds of insurance, not to exceed amounts required to be maintained by Contractor in accordance with the terms of this Agreement; (ii) costs, liabilities or obligations that arise from Gross Negligence, willful misconduct or actual fraud of Contractor; (iii) costs, liabilities or obligations that arise from Contractor’s abandonment of the DB Work or from a Contractor Event of Default described in Section 15.2.1(vii15.2(i); (iv) Contractor’s breach of its obligations in Section 10.4; or (v) Contractor’s indemnity obligations under Article 13.