Mold/Mildew. Buyer(s) acknowledges and agrees that Contractor will not be liable for any actual, special, incidental, or consequential damages based on any legal theory whatsoever, including, but not limited to, strict liability, breach of express or implied warranty, negligence or any other legal theory with respect to the presence and/or existence of molds, mildew, and/or microscopic spores unless caused by the sole negligence or willful misconduct of Contractor. Buyer(s), on behalf of itself and its family members, tenants, invitees and licensees, hereby releases Contractor and Contractor’s officers, directors, partners, members, successors and assigns from and against any and all claims, actions, damages, causes of action, liabilities and expenses (including without limitation, attorneys’ fees and costs of enforcing this indemnity) for property damage, injury, or death resulting from exposure to mold, mildew, and/or microscopic spores and from any loss of resale value due to the presence and/or existence of mold, mildew, and/or microscopic spores, provided however, that in no event is Buyer(s) releasing Contractor from property damage which results from the presence and/or existence of mold, mildew, and/or microscopic spores which is caused by the sole negligence or willful misconduct of Contractor.
Appears in 11 contracts
Samples: Administrative Services Addendum, Administrative Services Addendum of Additional Terms, Administrative Services Addendum of Additional Terms
