Common use of Limitation on Manager’s Responsibility Clause in Contracts

Limitation on Manager’s Responsibility. To the extent that Manager reviews or inspects any Construction performed at the Hotel, it assumes no duty to review, inspect or approve such Construction with respect to compliance with the Construction Standards, construction means, methods or techniques, or compliance with any Legal Requirements, including the Americans With Disabilities Act. Manager’s inspections, reviews or approvals are solely for the purpose of determining the progress of Construction and approving the re-opening of any or all of the Hotel (to the extent the Hotel, or any portion thereof, is closed during such Construction). Manager’s approval of the Plans and the occurrence of the Opening Date is a permission only, and not an assurance, guarantee, representation or warranty: (i) that the Hotel or any portion thereof has been Constructed in accordance with the Construction Standards; or (ii) with respect to the qualifications, capabilities, suitability, adequacy or performance of any Person involved in the Construction; (iii) that all or any part of the Construction or Hotel is safe, suitable, fit or proper for its intended use or purpose; (iv) that the Construction has been performed in a workmanlike manner or in compliance with all Legal Requirements; or (v) as to the reasonableness or accuracy of any cost estimates. This applies even though Manager may have commented on any of these matters in connection with any inspections, reviews or approvals. Manager has no liability to Owner, Owner’s Affiliates or any Third Party with respect to any Construction or Owner’s activities.

Limitation on Manager’s Responsibility. To the extent that Manager reviews or inspects any Construction performed at the Hotel, it assumes no duty to review, inspect or approve such ‘Construction with respect to compliance with the Construction Standards, construction means, methods or techniques, or compliance with any Legal Requirements, including the Americans With Disabilities Act. Manager’s inspections, reviews or approvals are solely for the purpose of determining the progress of Construction and approving the re-opening of any or all of the Hotel (to the extent the Hotel, or any portion thereof, is closed during such Construction). Manager’s approval of the Plans and the occurrence of the Opening Date is a permission only, and not an assurance, guarantee, representation or warranty: (i) that the Hotel or any portion thereof has been Constructed in accordance with the Construction Standards; or (ii) with respect to the qualifications, capabilities, suitability, adequacy or performance of any Person involved in the Construction; (iii) that all or any part of the Construction or Hotel is safe, suitable, fit or proper for its intended use or purpose; (iv) that the Construction has been performed in a workmanlike manner or in compliance with all Legal Requirements; or (v) as to the reasonableness or accuracy of any cost estimates. This applies even though Manager may have commented on any of these matters in connection with any inspections, reviews or approvals. Manager has no liability to Owner, Owner’s Affiliates or any Third Party with respect to any Construction or Owner’s activities.