LIMITED MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES. Except for any (a) liquidated, consequential, or other damages that the Owner is entitled to recover against the Constructor under the prime agreement, and (b) losses covered by insurance required by the Subcontract Documents, the Constructor and Subcontractor mutually waive all claims against each other for consequential damages, including damages for loss of business, loss of financing related to the Project, loss of profits not related to this Project, loss of bonding capacity, loss of reputation, or insolvency. Similarly, the Subcontractor shall obtain in another agreement from its subcontractors mutual waivers of consequential damages that correspond to the Subcontractor's waiver of consequential damages herein. The provisions of this section shall also apply to and survive termination of this Agreement.
LIMITED MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES. 4.3.1 Except for damages provided for by the Subcontract Documents as liquidated damages and excluding losses covered by insurance required by the Subcontract Documents, the Contractor and Subcontractor waive claims against each other for consequential damages arising out of or relating to this Agreement, to the same extent the Owner-Contractor agreement furnished to the Subcontractor in accordance with Paragraph 2.3 provides for a mutual waiver of consequential damages by the Owner and Contractor, including to the extent provided in the Owner-Contractor agreement, damages for loss of business, loss of financing, principal office overhead and expenses, loss of profits not related to this Project, loss of bonding capacity, loss of reputation, or insolvency. Similarly, the Subcontractor shall obtain in another agreement from its Sub-Subcontractors mutual waivers of consequential damages that correspond to the Subcontractor’s waiver of consequential damages herein. To the extent applicable, this mutual waiver applies to consequential damages due to termination by the Contractor or Owner in accordance with this Agreement or the Owner-Contractor agreement. The provisions of this Article shall also apply to and survive termination of this Agreement.
LIMITED MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES. Except for damages mutually agreed upon by the Parties as liquidated damages in Section 6.9 and excluding losses covered by insurance required by the Contract Documents, the Parties agree to waive all claims against each other for any consequential damages that may arise out of or relate to this Agreement related to failure to complete the Project timely.
LIMITED MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES. 5.3.1 To the extent the Prime Contract provides for a mutual waiver of special, incidental, indirect, or consequential damages by the Owner and the Design-Builder, the Design-Builder and the Architect/Engineer waive claims against each other for special, incidental, indirect, or consequential damages arising out of or relating to this Agreement, whether arising in contract, warranty, tort (including negligence), strict liability, or otherwise, including, but not limited to, losses of use, profits, business, reputation, or financing, in connection with any claims, controversies, or disputes concerning matters which pertain to disputes cognizable under the Disputes Clause of the Prime Contract. The Design-Builder and the Architect/Engineer further waive claims against each other for special, incidental, indirect, or consequential damages arising out of or relating to this Agreement, whether arising in contract, warranty, tort (including negligence), strict liability, or otherwise, including, but not limited to, losses of use, profits, business, reputation, or financing, in connection with any claims, controversies, or disputes concerning matters which pertain to disputes between the Design-Builder and the Architect/Engineer that are not cognizable under the Disputes Clause of the Prime Contract. To the extent applicable, this mutual waiver applies to consequential damages due to termination by the Design-Builder or the Owner in accordance with this Agreement or the Prime Contract. The provisions of this Paragraph shall also apply to and survive termination of this Agreement.
LIMITED MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES. Except for damages mutually agreed upon by the Parties as liquidated damages in this Article and excluding losses covered by insurance required by the Contract Documents, the Owner and the Construction Manager agree to waive all claims against each other for any consequential damages that may arise out of or relate to this Agreement, except for those specific items of damages excluded from this waiver as mutually agreed upon by the Parties and identified below. The Owner agrees to waive damages including but not limited to the Owner’s loss of use of the Project, any rental expenses incurred, loss of income, profit or financing related to the Project, as well as the loss of business, loss of financing, loss of profits not related to this Project, loss of reputation, or insolvency. The Construction Manager agrees to waive damages including but not limited to loss of business, loss of financing, principal office overhead and expenses, loss of profits not related to this Project, loss of bonding capacity, loss of reputation, or insolvency. The following items of damages are excluded from this mutual waiver: None.
