Common use of Limitation of City’s Liability Clause in Contracts

Limitation of City’s 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 $1,000.00. For other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CONSULTANT expresses its willingness to enter into this Agreement with the knowledge that the CONSULTANT’s recovery from the CITY to any action or claim arising from the Agreement is limited to a maximum amount of $1,000.00 less the amount of all funds actually paid by the CITY to the CONSULTANT pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement that may suggest otherwise, the CONSULTANT agrees that the CITY shall not be liable to the CONSULTANT for damages in an amount in excess of $1,000.00, which amount shall be reduced by the amount actually paid by the CITY to the CONSULTANT 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 manner 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, extended damages, expert fees, suit costs or pre-judgment interest. Notwithstanding the foregoing, the parties agree and understand that the provisions of this Article 12.10 do not apply to monies owed, if any, for services rendered to CONSULTANT by the CITY under the provisions of this Agreement.

Limitation of City’s 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 $1,000.00100.00. For other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CONSULTANT expresses its willingness to enter into this Agreement with the knowledge that the CONSULTANT’s recovery from the CITY to any action or claim arising from the Agreement is limited to a maximum amount of $1,000.00 100.00 less the amount of all funds actually paid by the CITY to the CONSULTANT pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement that may suggest otherwise, the CONSULTANT agrees that the CITY shall not be liable to the CONSULTANT for damages in an amount in excess of $1,000.00100.00, which amount shall be reduced by the amount actually paid by the CITY to the CONSULTANT 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 manner 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, extended damages, expert fees, suit costs or pre-judgment interest. Notwithstanding the foregoing, the parties Parties agree and understand that the provisions of this Article 12.10 11.10 do not apply to monies owed, if any, for services rendered to CONSULTANT by the CITY under the provisions of this Agreement.

Limitation of City’s 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 one hundred dollars ($1,000.00100.00). For other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CONSULTANT expresses its willingness to enter into this Agreement with the knowledge that the CONSULTANT’s ’S recovery from the CITY to any action or claim arising from the Agreement is limited to a maximum amount of one hundred dollars ($1,000.00 100.00) less the amount of all funds actually paid by the CITY to the CONSULTANT pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement that may suggest otherwise, the CONSULTANT agrees that the CITY shall not be liable to the CONSULTANT for damages in an amount in excess of one hundred dollars ($1,000.00100.00), which amount shall be reduced by the amount actually paid by the CITY to the CONSULTANT 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 manner 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, extended damages, expert fees, suit costs or pre-judgment interest. Notwithstanding the foregoing, the parties agree and understand that the provisions of this Article 12.10 11.10 do not apply to monies owed, if any, for services rendered to CONSULTANT by the CITY under the provisions of this Agreement.