Common use of Mutual Waiver of Consequential Damages Clause in Contracts

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:

Appears in 4 contracts

Samples: Consultant Agreement, Consultant Agreement, Consultant Agreement

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Mutual Waiver of Consequential Damages. 5.8.1 5.4.1 Except as provided under Section 5.8.25.4.2, the Owner and Consultant CM each waive against the other all claims for consequential damages that may arise out of or relate to this Agreement. 5.8.1.1 5.4.1.1 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.. Version Control Document 5.8.1.2 5.4.1.2 The ConsultantCM’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 5.4.2 Notwithstanding Section 5.8.15.4.1, this Section 5.85.4:

Appears in 1 contract

Samples: Professional Services Agreement

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Mutual Waiver of Consequential Damages. 5.8.1 Except as provided under Section 5.8.2, the Owner and Consultant A/E 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 ConsultantA/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. 5.8.2 Notwithstanding Section 5.8.1, this Section 5.8:

Appears in 1 contract

Samples: Architect/Engineer Standard Terms and Conditions

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