Common use of Limitation On the Company’s Liability Clause in Contracts

Limitation On the Company’s Liability. Consultant acknowledges that the Company is not acting as a general contractor, architect or real estate broker and shall not be required to perform, nor shall it perform, services for which a general contractor’s, architect or broker’s license is required. In addition, and except in the event of any gross negligence or willful misconduct by the Company which directly and materially contributes to such defect or deficiency, Consultant acknowledges and agrees that the Company shall have no liability to Consultant whatsoever for (i) any defects or deficiencies in any plans, permits, entitlements, drawings, specifications, blueprints or other documents, items or work-product of any kind or nature prepared or generated by any third-party in connection with the development of the Montebello Surface Estate (it being agreed that Consultant shall look solely to the preparer of such item or others for such defect, and not to the Company), or (ii) any defects or deficiencies in any materials, work, workmanship or improvements of any kind or nature constructed, made a part of, incorporated into, undertaken, utilized or otherwise involved with any Montebello Surface Estate, whether or not such work, materials, improvements or items were inspected by the Company (it being agreed that Consultant shall look solely to the supplier or installer of such item, the party undertaking such work and/or others for such defect, and not to the Company). Further, the Company makes no assurance that it will be able to obtain the Entitlements and the Company shall have no liability whatsoever to the Consultant should any of the Entitlements not be obtained and the subsequent sale of the Montebello Surface Estate not be completed, except as specifically provided herein.

Limitation On the Company’s Liability. Consultant acknowledges that the Company is not acting as a general contractor, architect or real estate broker and shall not be required to perform, nor shall it perform, services for which a general contractor’s, architect or broker’s license is required. In addition, and except in the event of any gross negligence or willful misconduct by the Company which directly and materially contributes to such defect or deficiency, Consultant acknowledges and agrees that the Company shall have no liability to Consultant whatsoever for (i) any defects or deficiencies in any plans, permits, entitlements, drawings, specifications, blueprints or other documents, items or work-product of any kind or nature prepared or generated by any third-party in connection with the development of the Montebello Xxxxxx Grande Surface Estate (it being agreed that Consultant shall look solely to the preparer of such item or others for such defect, and not to the Company), or (ii) any defects or deficiencies in any materials, work, workmanship or improvements of any kind or nature constructed, made a part of, incorporated into, undertaken, utilized or otherwise involved with any Montebello Xxxxxx Grande Surface Estate, whether or not such work, materials, improvements or items were inspected by the Company (it being agreed that Consultant shall look solely to the supplier or installer of such item, the party undertaking such work and/or others for such defect, and not to the Company). Further, the Company makes no assurance that it will be able to obtain the Entitlements and the Company shall have no liability whatsoever to the Consultant should any of the Entitlements not be obtained and the subsequent sale of the Montebello Xxxxxx Grande Surface Estate not be completed, except as specifically provided herein.

Limitation On the Company’s Liability. Consultant acknowledges that the Company is not acting as a general contractor, architect or real estate broker and shall not be required to perform, nor shall it perform, services for which a general contractor’s, architect or broker’s license is required. In addition, and except in the event of any gross negligence or willful misconduct by the Company which directly and materially contributes to such defect or deficiency, Consultant acknowledges and agrees that the Company shall have no liability to Consultant whatsoever for (i) any defects or deficiencies in any plans, permits, entitlements, drawings, specifications, blueprints or other documents, items or work-product of any kind or nature prepared or generated by any third-party in connection with the development of the Montebello Lompoc Surface Estate (it being agreed that Consultant shall look solely to the preparer of such item or others for such defect, and not to the Company), or (ii) any defects or deficiencies in any materials, work, workmanship or improvements of any kind or nature constructed, made a part of, incorporated into, undertaken, utilized or otherwise involved with any Montebello Lompoc Surface Estate, whether or not such work, materials, improvements or items were inspected by the Company (it being agreed that Consultant shall look solely to the supplier or installer of such item, the party undertaking such work and/or others for such defect, and not to the Company). Further, the Company makes no assurance that it will be able to obtain the Entitlements and the Company shall have no liability whatsoever to the Consultant should any of the Entitlements not be obtained and the subsequent sale of the Montebello Lompoc Surface Estate not be completed, except as specifically provided herein.