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 under Article I, Section II, Paragraph IX of the Georgia Constitution of 1983, sovereign immunity extends to a county- wide school district such as Owner. 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 19 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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Limited Waiver of Sovereign Immunity Ex Contractu. Contractor acknowledges and agrees that under Article I, Section II, Paragraph IX of the Georgia Constitution of 1983, sovereign immunity extends to a county- county-wide school district such as Owner. 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- 4 (mutual departure from contract terms).

Appears in 16 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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