Common use of LIMITATION OF INDEPENDENT CONSTRUCTION CONSULTANT'S LIABILITY Clause in Contracts

LIMITATION OF INDEPENDENT CONSTRUCTION CONSULTANT'S LIABILITY. The Independent Construction Consultant's responsibility and liability under this Agreement shall be limited as follows: (a) the Independent Construction Consultant does not represent, warrant or guaranty to the Trustee or the holders of the Senior Notes the performance of the Authority, the Disbursement Agent or any contractor, subcontractor or provider of materials or services in connection with construction of the Project or the Dugan Project; (b) except to the extent the Independent Construction Xxxxxltant has actual knowledge, the Independent Construction Consultant shall not be responsible for, and shall not be obligated to make any specific inquiry with respect to, matters pertaining to: historical architecture review, gaming regulatory authorities, gaming licenses, liens against the Facility or the Project (except in connection with the responsibilities of the Independent Construction Consultant set forth herein) or the Dugan Project; and (c) the Authority shall remain solely responsible xxx xll aspects of its business and conduct in connection with the Facility, and the Project and the Dugan Project, the accuracy of all applications for payment, and the xxxxxr application of all disbursements. The Independent Construction Consultant shall have no duties or obligations hereunder, except as expressly set forth herein, shall be responsible only for the performance of such duties and obligations, shall not be required to take any action otherwise than in accordance with the terms hereof and shall not be in any manner liable or responsible for any loss or damage arising by reason of any act or omission to act by it hereunder or in connection with any of the transactions contemplated hereby, including, but not limited to, any loss that may occur by reason of forgery, false representations, the exercise of its discretion, or any other reason, except for its gross negligence or willful misconduct. The Independent Construction Consultant shall have the right to rely (so long as such reliance is reasonable and in good faith) on certificates received from the Authority. Anything in this Agreement to the contrary notwithstanding, in no event shall the Independent Construction Consultant be liable to any party hereto for any form of special, indirect or consequential damages, including, without limitation, damages for economic loss (such as business interruption or loss of profits, however the same may be caused).

LIMITATION OF INDEPENDENT CONSTRUCTION CONSULTANT'S LIABILITY. The Independent Construction Consultant's responsibility and liability under this Agreement shall be limited as follows: (a) the Independent Construction Consultant does not represent, warrant or guaranty to the Trustee or the holders of the Senior Notes the performance of the AuthorityIssuer, the Disbursement Agent Disburse- ment Agent, the Design Build Contractor or any contractor, subcontractor or provider of materials or services in connection with construction of the Project or the Dugan ProjectResort; (b) except to the extent the Independent Construction Xxxxxltant Consultant has actual knowledge, the Independent Construction Consultant shall not be responsible for, and shall not be obligated to make any specific inquiry with respect to, matters pertaining to: historical architecture review, gaming regulatory authorities, gaming licenses, liens against the Facility or the Project Resort (except in connection with the responsibilities of the Independent Construction Consultant set forth herein) or the Dugan Project); and (c) the Authority Issuer shall remain solely responsible xxx xll for all aspects of its business and conduct in connection with the Facility, and the Project and the Dugan ProjectResort, the accuracy of all applications for payment, and the xxxxxr proper application of all disbursements. The Independent Construction Consultant shall have no duties or obligations hereunderhereunder or under the Construction Services Agreement, except as expressly set forth hereinherein or therein, shall be responsible only for the performance of such duties and obligationsobligations and the exercise of its best professional judgment and standard industry practice in connection therewith, shall not be required to take any action otherwise than in accordance with the terms hereof and the Construction Services Agreement; it being understood that the Independent Construction Consultant shall not be liable for its own negligence if, based on the scope of the Independent Construction Consultant's engagement pursuant to the Independent Construction Consultant Services Agreement dated as of the date hereof, it, in any manner liable furtherance of its duties hereunder, knew or responsible for any loss or damage arising by reason should have reasonably known of any act negligent or omission to act by it hereunder or in connection with any grossly negligent acts of the transactions contemplated hereby, including, but not limited to, any loss that may occur by reason of forgery, false representations, the exercise of its discretion, Design Build Contractor or such other related professionals or any other reason, except for its gross negligence or willful misconductmisconduct on the part of any such parties and it fails to promptly disclose the same to the Trustee. The Independent Construction Consultant shall have the right to rely (so long as such reliance is reasonable and in good faith) on certificates received from the AuthorityIssuer and the Design Build Contractor; PROVIDED, HOWEVER, any opinion, representation or certification expressed or given by the Independent Construction Consultant in any exhibit, schedule or annex to this Agreement shall be based on its own independent judgment and analysis, unless otherwise expressly stated therein. Anything in this Agreement to the contrary notwithstanding, in no event shall the Independent Construction Consultant be liable to any party hereto for any form of special, indirect or consequential damages, including, without limitation, damages for economic loss (such as business interruption or loss of profits, however the same may be caused), except in the case of the Independent Construction Consultant's own gross negligence or willful misconduct.

LIMITATION OF INDEPENDENT CONSTRUCTION CONSULTANT'S LIABILITY. The Independent Construction Consultant's responsibility and liability under this Agreement shall be limited as follows: (a) the Independent Construction Consultant does not represent, warrant or guaranty to the Trustee or the holders of the Senior Notes Noteholders the performance of the AuthorityIssuer, the Disbursement Agent Agent, the General Contractor, the Architect or any contractorContractor, subcontractor or provider of materials or services in connection with construction of the Project or the Dugan ProjectFacility; (b) except to the extent the Independent Construction Xxxxxltant Consultant has actual knowledgeKnowledge, the Independent Construction Consultant shall not be responsible for, and shall not be obligated to make any specific inquiry with respect to, matters pertaining to: historical architecture review, gaming regulatory authorities, gaming licenses, liens against the Facility or the Project (except in connection with the responsibilities of the Independent Construction Consultant set forth herein) or the Dugan Project); and (c) the Authority Issuer shall remain solely responsible xxx xll for all aspects of its business and conduct in connection with the Facility, and the Project and the Dugan Project, the accuracy of all applications for payment, and the xxxxxr proper application of all disbursements. The Independent Construction Consultant shall have no duties or obligations hereunder, except as expressly set forth hereinherein and in the Independent Construction Consultant's Engagement Agreement, shall be responsible only for the performance of such duties and obligations, shall not be required to take any action otherwise than in accordance with the terms hereof and shall not be in any manner liable or responsible for any loss or damage arising by reason of any act or omission to act by it hereunder or in connection with any of the transactions contemplated hereby, including, but not limited to, any loss that may occur by reason of forgery, false representations, the exercise of its discretion, or any other reason, except for its gross negligence or willful misconduct. The Independent Construction Consultant shall have the right to rely (so long as such reliance is reasonable and in good faith) on certificates received from the AuthorityIssuer, the Architect and the General Contractor. Anything in this Agreement to the contrary notwithstanding, in no event shall the Independent Construction Consultant be liable to any party hereto for any form of special, indirect or consequential damages, including, without limitation, damages for economic loss (such as business interruption or loss of profits, however the same may be caused).

LIMITATION OF INDEPENDENT CONSTRUCTION CONSULTANT'S LIABILITY. The Independent Construction Consultant's responsibility and liability under this Agreement shall be limited as follows: (a) the Independent Construction Consultant does not represent, warrant or guaranty to the Trustee or the holders of the Senior Notes the performance of the Authority, the Disbursement Agent Agent, the Construction Manager, the Architect or any contractor, subcontractor or provider of materials or services in connection with construction of the Project or the Dugan ProjectFacility; (b) except to the extent the Independent Construction Xxxxxltant Consultant has actual knowledge, the Independent Construction Consultant shall not be responsible for, and shall not be obligated to make any specific inquiry with respect to, matters pertaining to: historical architecture review, gaming regulatory authorities, gaming licenses, liens against the Facility or the Project (except in connection with the responsibilities of the Independent Construction Consultant set forth herein) or the Dugan Project); and (c) the Authority shall remain solely responsible xxx xll for all aspects of its business and conduct in connection with the Facility, and the Project and the Dugan Project, the accuracy of all applications for payment, and the xxxxxr proper application of all disbursements. The Independent Construction Consultant shall have no duties or obligations hereunder, except as expressly set forth herein, shall be responsible only for the performance of such duties and obligations, shall not be required to take any action otherwise than in accordance with the terms hereof and shall not be in any manner liable or responsible for any loss or damage arising by reason of any act or omission to act by it hereunder or in connection with any of the transactions contemplated hereby, including, but not limited to, any loss that may occur by reason of forgery, false representations, the exercise of its discretion, or any other reason, except for its gross negligence or willful misconduct. The Independent Construction Consultant shall have the right to rely (so long as such reliance is reasonable and in good faith) on certificates received from the Authority, the Architect and the Construction Manager. Anything in this Agreement to the contrary notwithstanding, in no event shall the Independent Construction Consultant be liable to any party hereto for any form of special, indirect or consequential damages, including, without limitation, damages for economic loss (such as business interruption or loss of profits, however the same may be caused).