Liquidated and Consequential Damages. 29.1 If the Contract Documents allow for liquidated or other damages for delay beyond the completion date set forth in the Contract Documents, and such damages are assessed, Xxxxx may assess a share of the damages against Subcontractor in proportion to the Subcontractor’s share of the responsibility for the delay. This Section 29.1 shall not limit Subcontractor’s liability to Xxxxx for Xxxxx’ actual delay damages caused by Subcontractor’s delay.
Liquidated and Consequential Damages. 19.1 If the Contract Documents provide for liquidated or other damages for delay beyond the completion date set forth in the Contract Documents, and such damages are assessed, Xxxxx may assess a share of the damages against Consultant in proportion to Consultant’s share of the responsibility for the delay. This Section 19 shall not limit Consultant’s liability to Xxxxx for Xxxxx’ actual delay damages caused by Consultant’s delay.
Liquidated and Consequential Damages. 29.1 If the Prime Contract allows for liquidated or other damages for delay beyond one or more milestone dates set forth in the Prime Contract, and such damages are assessed, Brumbaugh may assess a share of the damages against Subcontractor in proportion to the Subcontractor’s share of the responsibility for the delay. This Section 29.1 shall not limit Subcontractor’s liability to Xxxxxxxxx for Xxxxxxxxx’x actual delay damages caused by Subcontractor’s delay.
Liquidated and Consequential Damages. Bigge Crane and Rigging Co. has made no contingency in either proposal or pricing for indirect, liquidated or consequential damages and will assume no responsibility or liability for either. References to said damages in contract documents are not acceptable or binding. HAZARDOUS MATERIALS: The handling or transportation of any hazardous materials, or equipment or containers containing hazardous materials, is specifically excluded from Bigge Crane and Rigging Co.’s scope of supply. These materials include, but are not limited to, the following: Asbestos, fuels, oils, explosives and materials known to be cancer causing carcinogens. Workers’ Compensation claims resulting from the handling of such materials will not be excluded from subrogation by any waiver furnished by Bigge Crane and Rigging Co.. The Contractor/Owner will advise Bigge Crane and Rigging Co. in writing prior to the commencement of Bigge Crane and Rigging Co.’s work of the presence of hazardous materials, if any. A written resolution of the disposition of hazardous materials will be provided to Bigge Crane and Rigging Co. prior to the start of the work which is the subject of this proposal. WARRANTY LIMITATION: Warranty of services provided is limited to acceptance upon completion. VENUE: In any legal action which may result from a contract entered into on the basis of this proposal, the laws of the State of California shall govern such action. Venue for legal actions, if any, will be Alameda County, California. Bigge Crane and Rigging Co. will be entitled to actual attorney’s fees and cost of litigation to enforce the terms contained herein.
