Common use of Limited Liability of the City Clause in Contracts

Limited Liability of the City. The City shall not be liable to Funding Recipient, any vendor or any other Person for any matter arising out of or in connection with the acquisition, delivery, installation and operation of Eligible Equipment paid for or intended to be paid for with the proceeds of the Funding, except for the failure to make disbursements of the Funding to Funding Recipient in accordance with the terms of this Agreement. In furtherance of the foregoing, in the event that there shall be a final determination by a court of competent jurisdiction that the City has failed to make a required disbursement of the Funding, the only remedy available to Funding Recipient or any other Person claiming damage by reason of the City’s failure to make such disbursement shall be to obtain the requisite disbursement from the City. In no event shall the City be liable for any other damages and/or costs and expenses, including, without limitation, consequential damages and attorneys’ fees, due to any such failure.

Limited Liability of the City. The City shall not be liable to Funding Recipient, any vendor or any other Person for any matter arising out of or in connection with the acquisition, delivery, installation acquisition and operation of the Eligible Equipment and Vehicle(s) paid for or intended to be paid for with the proceeds of the Funding, except for the failure to make disbursements of the Funding to Funding Recipient in accordance with the terms of this Agreement. In furtherance of the foregoing, in the event that there shall be a final determination by a court of competent jurisdiction that the City has failed to make a required disbursement of the Funding, the only remedy available to Funding Recipient Recipient, or any other Person claiming damage by reason of the City’s failure to make such disbursement shall be to obtain the requisite disbursement from the City. In no event shall the City be liable for any other damages and/or costs and or expenses, including, without limitation, consequential damages and attorneys’ fees, due to any such failure.

Limited Liability of the City. The City shall not be liable to Funding Recipient, any vendor or any other Person for any matter arising out of or in connection with the acquisition, delivery, installation acquisition and operation of the Eligible Equipment Vehicle(s) paid for or intended to be paid for with the proceeds of the Funding, except for the failure to make disbursements of the Funding to Funding Recipient in accordance with the terms of this Agreement. In furtherance of the foregoing, in the event that there shall be a final determination by a court of competent jurisdiction that the City has failed to make a required disbursement of the Funding, the only remedy available to Funding Recipient Recipient, or any other Person claiming damage by reason of the City’s failure to make such disbursement shall be to obtain the requisite disbursement from the City. In no event shall the City be liable for any other damages and/or costs and or expenses, including, without limitation, consequential damages and attorneys’ fees, due to any such failure.