MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES ONLY. 6.6.1 CM@Risk and City waive claims against each other for consequential damages arising out of or relating to this Agreement. This mutual waiver includes:
6.6.1.1 Damages incurred by City for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and
6.6.1.2 Damages incurred by CM@Risk for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work.
6.6.2 This mutual waiver is applicable, without limitation, to all consequential damages due to either Party’s termination of this Agreement. Nothing contained in this Article 6 .6 will be deemed to preclude an award of liquidated damages, when applicable, in accordance with Article 6.5 above.
6.6.3 Nothing herein will be deemed to constitute a waiver of any other remedy available to City in the event of CM@Risk’s default under this Agreement prior to full performance of the Work including, as applicable, specific performance or completion of the Work on behalf of CM@Risk, the cost and expense of which will be offset against any monies then or thereafter due to CM@Risk (if any) and otherwise immediately reimbursed to City by CM@Risk.
MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES ONLY. 11.3.1 CM@R and City waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes:
11.3.1.1 Damages incurred by City for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and
11.3.1.2 Damages incurred by CM@R for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Construction Work.
11.3.2 This mutual waiver is applicable, without limitation, to all consequential damages because of either party’s termination of this Contract. Nothing contained in this Section will be deemed to preclude an award of liquidated damages, when applicable, in accordance with this Section.
11.3.3 Nothing herein will be deemed to constitute a waiver of any other remedy available to City in the event of CM@R’s default under this Contract prior to full performance of the Construction Work including, as applicable, specific performance of completion of the Construction Work on behalf of CM@R, the cost and expense of which will be offset against any monies then or thereafter due to CM@R (if any) and otherwise immediately reimbursed to City by CM@R.
