Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
Mutual Waiver of Consequential Damages. 5.3.1 Except as provided under Section 5.3.2, the Owner and A/E each waive against the other all claims for consequential damages that may arise out of or relate to this Agreement.
5.3.1.1 The Owner’s waiver includes claims for loss of use, income, profit, revenue, financing, cost of capital, business and reputation, management and employee productivity, and consequential damages arising from termination of the Agreement or related to insolvency.
5.3.1.2 The A/E’s waiver includes claims for overhead; delay damages except as otherwise specifically provided for in the Agreement; increased cost of funds for the Project; lost opportunity to work on other projects; losses of financing, business, and reputation; loss of profit except anticipated profit arising directly from properly performed Services; and consequential damages arising from termination of the Agreement or related to insolvency.
5.3.2 Notwithstanding Section 5.3.1, this Section 5.3:
5.3.2.1 does not apply to any damages that would be covered by insurance required or provided in connection with the Project if the Agreement did not include Section 5.3.1;
5.3.2.2 does not apply to the A/E’s indemnity obligations for third-party claims against the Indemnified Parties even if those claims are for damages that Section 5.3.1 would otherwise preclude; and
5.3.2.3 does not apply to Claims for damages arising from the Owner or A/E’s gross negligence or willful misconduct.
5.3.3 This Section 5.3 shall survive termination of the Agreement.
Mutual Waiver of Consequential Damages. Notwithstanding any other provision of this Agreement to the contrary, neither party including their officers, agents, servants and employees shall be liable to the other for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of this Agreement however caused under a claim of any type or nature based on any theory of liability (including, but not limited to: contract, tort, or warranty) even if the possibility of such damages has been communicated.
Mutual Waiver of Consequential Damages. The parties hereto waive all claims against each other for any special, indirect, or consequential damages arising out of or relating to this agreement Contract. This mutual waiver is applicable, without limitation, to all consequential damages due to either parties’ termination of the Contract in accordance with its terms.
Mutual Waiver of Consequential Damages. The Contractor and Owner waive all claims against each other for all consequential damages arising out of or relating to this Contract. This mutual waiver includes:
Mutual Waiver of Consequential Damages. 5.8.1 Except as provided under Section 5.8.2, the Owner and Consultant each waive against the other all claims for consequential damages that may arise out of or relate to this Agreement.
5.8.1.1 The Owner’s waiver includes claims for loss of use, income, profit, revenue, financing, cost of capital, business and reputation, management and employee productivity, and consequential damages arising from termination of the Agreement or related to insolvency.
5.8.1.2 The Consultant’s waiver includes claims for overhead; delay damages except as otherwise specifically provided for in the Agreement; increased cost of funds for the Project; lost opportunity to work on other projects; losses of financing, business, and reputation; loss of profit except anticipated profit arising directly from properly performed Services; and consequential damages arising from termination of the Agreement or related to insolvency.
5.8.2 Notwithstanding Section 5.8.1, this Section 5.8:
Mutual Waiver of Consequential Damages. 4.8.1 To the extent the Owner-Contractor agreement provides for a mutual waiver of consequential damages by the Owner and the Contractor, the Contractor and Subcontractor waive claims against each other for consequential damages arising out of or relating to this Agreement, including to the extent provided in the Owner Contractor agreement, damages for principal office expenses and the compensation of personnel stationed there; loss of financing, business and reputation; and for loss of profit. Similarly, the Subcontractor shall obtain 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 the Owner in accordance with this Agreement or the Owner- Contractor agreement. To the extent the Owner-Contractor agreement does not preclude the award of liquidated damages, nothing contained in this Paragraph 4.8 shall preclude the imposition of such damages, if applicable in accordance with the requirements of the Subcontract Documents. Upon receipt of a written request from the Subcontractor, a copy of the Owner-Contractor Agreement (“Prime Contract”) shall be made available to the Subcontractor for its review.
4.8.2 To the extent the Owner-Contractor agreement provides for a mutual waiver of consequential damages by the Owner and the Contractor, damages for which the Contractor is liable to the Owner including those related to Subparagraph 7.1.1 are not consequential damages for the purpose of this waiver. Similarly, to the extent the Subcontractor-sub-subcontractor agreement provides for a mutual waiver of consequential damages by the Owner and the Contractor, damages for which the Subcontractor is liable to lower-tiered parties due to the fault of the Owner or Contractor are not consequential damages for the purpose of this waiver. Upon receipt of a written request from the subcontractor, a copy of the Owner-Contractor Agreement (“Prime Contract”) shall be made available to the subcontractor for its review.
Mutual Waiver of Consequential Damages. 6.6.1 To the extent the Contractor’s Contract with the Owner provides for a mutual waiver of consequential damages by the Owner and the Contractor, the Contractor and the Subcontractor waive claims against each other for consequential damages arising out of or relating to this Agreement, including to the extent provided in the Contractor’s Contract with the Owner, damages for principal office expenses and the compensation of personnel stationed there; for loss of financing, business and reputation; and for loss of profit. To the extent applicable, this mutual waiver applies to consequential damages due to termination by the Contractor or the Owner in accordance with this Agreement or the Contractor’s Contract with the Owner. To the extent the Contractor’s Contract with the Owner does not preclude the award of liquidated damages, nothing contained in this Paragraph shall preclude the imposition of such damages, if applicable in accordance with the requirements of the Subcontract Documents.
6.6.2 Damages for which the Contractor is liable to the Owner, including those related to Subparagraph 9.1, are not consequential damages for the purpose of this waiver.
Mutual Waiver of Consequential Damages. 5.4.1 To the extent the Owner-Contractor agreement provides for a mutual waiver of consequential damages by the Owner and the Contractor, the Contractor and Subcontractor waive claims against each other for consequential damages arising out of or relating to this Agreement and a Subcontract, including to the extent provided in the Owner-Contractor agreement, damages for principal office expenses and the compensation of personnel stationed there; loss of financing, business and reputation; rental expense; loss of use; loss of management or employee productivity or of the services of such persons; and for loss of profit. Similarly, the Subcontractor shall obtain 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 the Owner in accordance with this Agreement or the Owner Contractor agreement. To the extent the Owner-Contractor agreement does not preclude the award of liquidated damages, nothing contained in this Paragraph 5.4 shall preclude the imposition of such damages, if applicable in accordance with the requirements of the Subcontract Documents.
5.4.2 To the extent the Owner-Contractor agreement provides for a mutual waiver of consequential damages by the Owner and the Contractor, damages for which the Contractor is liable to the Owner including those related to Section 9.1 and its subsections are not consequential damages for the purpose of this waiver.
Mutual Waiver of Consequential Damages. Notwithstanding any provision in this Lease, in no event shall either Landlord or Tenant be liable for any indirect or consequential damages in connection with this Lease.
