Limitation of City Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR’s officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers’ compensation insurance on behalf of CONTRACTOR.
Limitation of City Liability. No City funds, investments, contracts or property interests, including cash balances of and revenue streams to the City’s general and enterprise funds, will be used for the construction or operations of the Stadium or pledged or loaned for the payment of any Stadium construction financing, at any time, except for activities undertaken at the City’s discretion, including the City’s relocation of the Tasman Substation to meet the parking needs of the Great America Theme Park, the Stadium and the Convention Center area using City enterprise funds to pay the costs of the relocation.
Limitation of City Liability. Notwithstanding any provisions to the contrary herein, the City liability hereunder shall not exceed the limits set forth in Section 768.28, Florida Statutes.
Limitation of City Liability. The City desires to enter into this agreement only if in so doing the City can place a limit on the City’s liability for any cause of action arising out of this agreement, so that the City’s liability for any breach never exceeds the sum of $100,000.00. For other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, developer expresses its willingness to enter into this agreement with the knowledge that the developer’s recovery from the City to any action or claim arising from the agreement is limited to a maximum amount of $100,000.00, less the amount of all funds actually paid by the City to the developer pursuant to this agreement. Accordingly, and notwithstanding any other term or condition of this agreement that may suggest otherwise, developer agrees that the City shall not be liable to developer for damages in an amount in excess of $100,000.00, which amount shall be reduced by the amount actually paid by the City to the developer pursuant to this agreement, for any action or claim arising out of this agreement. Nothing contained in this paragraph or elsewhere in this agreement is in any way intended either to be a waiver of the limitation placed upon the City’s liability as set forth in section 768.28, Florida statutes, or to extend the City’s liability beyond the limits established in said section §768.28; and no claim or award against the City shall include attorney’s fees, investigative costs, expert fees, suit costs or pre-judgment interest.
Limitation of City Liability. (a) Except as otherwise provided by law, nothing in this City Service Agreement shall be construed to deem the City to be a partner, joint venturer, employee, or agent of the Host Committee, the RNC, the COA, or any of the other Host City Parties; it being intended that the RNC and the COA, on the one hand, and the City, the Host Committee, and the other Host City Parties on the other, shall remain independent parties solely responsible for their own actions. Except as otherwise provided by law, the City shall not be liable under any contracts or obligations of any of the Host Committee, the RNC, the COA, or the other Host City Parties, or for any acts or omissions of any of the Host Committee, the RNC, the COA, or the other Host City Parties or their respective members, officers, directors, officials, employees, agents, vendors, contractors, and subcontractors at any tier.
(b) No member, officer, director, official, employee, or agent of the City shall be personally liable for any costs of the City, the Host Committee, the RNC, the COA, or any of the other Host City Parties. All persons, corporations, or other entities extending credit to, contracting with, or having any claim against the City, may look only to the funds and property of the City for payment of any such contract or claim, to the extent the City is liable therefore, or for the payment of any debt, damages, judgment, or decree for which the City is liable, or for the payment of any costs that may become due or payable to them from the City, and not from any member, officer, director, official, employee, or agent of the City.
(c) The Host Committee is, and shall at all times during the Term of this City Service Agreement maintain its status as, a not for profit corporation organized under the laws of the State of Florida. In addition, the Host Committee has applied to be a corporation exempt from federal taxes under Section 501(c)(3) of the Internal Revenue Code. Once such status is obtained, the Host Committee shall maintain such status at all times during the Term of this City Site Agreement. No member, officer, director, official, employee, or agent of the Host Committee shall be personally liable for any costs of the Host Committee. All persons, corporations, or other entities extending credit to, contracting with, or having any claim against the Host Committee, may look only to the funds and property of the Host Committee for payment of any such contract or claim, to the extent the Host ...
Limitation of City Liability. City, its officers and employees shall not be liable to Permittee for any damage to the Property or the buildings and improvements thereon, or for death or injury of any person or damage to any property, from any cause; however, this provision shall not affect the liability of City, its officers and employees on any claim to the extent the claim arises from their negligence or willful misconduct.
Limitation of City Liability. IN NO EVENT SHALL CITY BE LIABLE UNDER THIS AGREEMENT TO ZIS OR CONTRACTOR, OR ANY THIRD PARTY, FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT ZIS OR CONTRACTOR WERE AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(C) WHETHER OR NOT ZIS OR CONTRACTOR WERE AWARE OR ADVISED OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. FURTHER, IN NO EVENT SHALL CITY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $106,000. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ZIS OR CONTRACTOR’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. ZIS and Contractor acknowledge and agree that the Parties entered into the Agreement in reliance upon the limitations of liability set forth in this Section, that the same reflect an allocation of risk between the Parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the Parties.
Limitation of City Liability. In any proceeding involving any claim against the City, or any other governmental entity, or any elected official, official, member, employee, or agent thereof, arising from a decision of approval or disapproval with respect to a grant, renewal, revocation, transfer, or amendment of the Franchise, or from any change in the Cable Code or law, ordinance, rule, or regulation affecting the Franchisee or the Cable System, any relief, to the extent such relief is required or granted, shall be limited to equitable, injunctive and/or declaratory relief. Franchisee shall notify the § in writing if it applies for or seeks any waivers, exceptions, or declaratory rulings affecting the Cable System from the FCC or any other federal, state, or local regulatory agency.
Limitation of City Liability. It is agreed that the CITY’S only liability concerning the project or improvements described in Exhibit A and this agreement is to pay the amount agreed upon with completion of the project or improvements and the payment therefor by the OWNER. OWNER hereby releases the CITY from any other liability whatsoever concerning said project or improvements and agrees to indemnify and hold the CITY harmless from any and all other liability in connection therewith.
Limitation of City Liability. The City will not be responsible in any way for any injury whatsoever (including death) to any person or for any loss or damage whatsoever to any property belonging to the Lessee or to Lessee’s officers, employees, servants, members, agents, contractors, sub-contractors, participants, volunteers, or invitees while such person or property is on or about the Leased Lands or Buildings, including, without limiting the generality of the foregoing, any loss of or damage to any such property caused by theft or breakage or for any damage, loss or injury (including death) caused by or attributable to the condition or arrangement of the Leased Lands or the Buildings, except to the extent such injury, damage or loss arises from the gross negligence or deliberate tortious act of the City.
