Common use of Limited Waiver of Sovereign Immunity Ex Contractu Clause in Contracts

Limited Waiver of Sovereign Immunity Ex Contractu. Contractor acknowledges and agrees that Owner is an agency or instrumentality of the State of Georgia, and as such is entitled to the protection of sovereign immunity. As set forth in Article I, Section II, Paragraph IX of the 1983 Georgia Constitution, sovereign immunity is waived “as to any action ex contractu for the breach of any written contract.” Contractor specifically acknowledges the constitutional and contractual requirements that written changes, modifications, and waivers to this Contract must be specifically executed by the Owner as set forth in the Contract Documents. Accordingly, Contractor specifically acknowledges the constitutional prohibitions against claims against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, quantum meruit, or O.C.G.A § 13-4-4 (mutual departure from contract terms).

Appears in 60 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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Limited Waiver of Sovereign Immunity Ex Contractu. Contractor CM/GC acknowledges and agrees that Owner is an agency or instrumentality of the State of Georgia, and as such is entitled to the protection of sovereign immunity. As set forth in Article I, Section II, Paragraph IX of the 1983 Georgia Constitution, sovereign immunity is waived “as to any action ex contractu for the breach of any written contract.” Contractor CM/GC specifically acknowledges the constitutional and contractual requirements that written changes, modifications, and waivers to this Contract must be specifically executed by the Owner as set forth in the Contract Documents. Accordingly, Contractor CM/GC specifically acknowledges the constitutional prohibitions against claims against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, quantum meruit, or O.C.G.A § 13-4-4 (mutual departure from contract terms).

Appears in 16 contracts

Samples: Construction Management Contract, Construction Management Contract, Construction Management Contract

Limited Waiver of Sovereign Immunity Ex Contractu. Contractor CM/GC acknowledges and agrees that Owner is an agency or instrumentality of the State of Georgia, and as such such, is entitled to the protection of sovereign immunity. As set forth in Article I, Section II, Paragraph IX of the 1983 Georgia Constitution, sovereign immunity is waived “as to any action ex contractu for the breach of any written contract.” Contractor CM/GC specifically acknowledges the constitutional and contractual requirements that written changes, modifications, and waivers to this Contract must be in writing and specifically executed by the Owner as set forth in the Contract Documents. Accordingly, Contractor specifically CM/GC expressly acknowledges the constitutional prohibitions against prohibition of claims (including Claims) against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, unjust enrichment, quantum meruit, or O.C.G.A O.C.G.A. § 13-4-4 (mutual departure from contract terms).

Appears in 4 contracts

Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Contract

Limited Waiver of Sovereign Immunity Ex Contractu. Contractor acknowledges and agrees that Owner is an agency or instrumentality of the State of Georgia, and as such is entitled to the protection of sovereign immunity. As set forth in Article I, Section II, Paragraph IX of the 1983 Georgia Constitution, sovereign immunity is waived “as to any action ex contractu for the breach of any written contract.” Contractor specifically acknowledges the constitutional and contractual requirements that written changes, modifications, and waivers to this Contract must be specifically executed by the Owner as set forth in the Contract Documents. Accordingly, Contractor specifically acknowledges the constitutional prohibitions against claims against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, quantum meruit, or O.C.G.A § 13-13- 4-4 (mutual departure from contract terms).

Appears in 1 contract

Samples: Construction Contract

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Limited Waiver of Sovereign Immunity Ex Contractu. Contractor Design Professional acknowledges and agrees that Owner is an agency or instrumentality of the State of Georgia, and as such such, is entitled to the protection of sovereign immunity. As set forth in Article I, Section II, Paragraph IX of the 1983 Georgia Constitution, sovereign immunity is waived “as to any action ex contractu for the breach of any written contract.” Contractor Design Professional specifically acknowledges the constitutional and contractual requirements that written changes, modifications, and waivers to this Contract must be in writing and specifically executed by the Owner as set forth in the Contract DocumentsOwner. Accordingly, Contractor specifically Design Professional expressly acknowledges the constitutional prohibitions against prohibition of claims against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, unjust enrichment, quantum meruit, or O.C.G.A O.C.G.A. § 13-4-4 (mutual departure from contract terms).

Appears in 1 contract

Samples: Design Professional Agreement

Limited Waiver of Sovereign Immunity Ex Contractu. Contractor CM/GC acknowledges and agrees that Owner is an agency or instrumentality of the State of GeorgiaGeorgia and, and as such such, is entitled to the protection of sovereign immunity. As set forth in Article I, Section II, Paragraph IX of the 1983 Georgia Constitution, sovereign immunity is waived “as to any action ex contractu for the breach of any written contract.” Contractor CM/GC specifically acknowledges the constitutional and contractual requirements that written changes, modifications, and waivers to this Contract must be in writing and specifically executed by the Owner as set forth in the Contract Documents. Accordingly, Contractor specifically CM/GC expressly acknowledges the constitutional prohibitions against prohibition of claims (including Claims) against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, unjust enrichment, quantum meruit, or O.C.G.A O.C.G.A. § 13-4-4 (mutual departure from contract terms).

Appears in 1 contract

Samples: Construction Management Agreement

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