No Limitation on Liability. Subject to Sections 12.6 and 12.7, the foregoing Warranties and Subcontractor warranties are in addition to all rights and remedies available under the CMA Documents or applicable Law or in equity, and shall not limit DB Contractor’s liability or responsibility imposed by the CMA Documents or applicable Law or in equity with respect to the Maintenance Services, including liability for design Defects, latent construction Defects, strict liability, actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any DB Contractor-Related Entity; provided, however, that, upon expiration of the Warranties, DB Contractor shall have no further liability hereunder for patent construction Defects.
Appears in 5 contracts
Samples: Capital Maintenance Agreement, Disputes Board Agreement, Capital Maintenance Agreement
No Limitation on Liability. Subject to Sections 12.6 and 12.7Section 12.6, the foregoing Warranties and Subcontractor warranties are in addition to all rights and remedies available under the CMA Documents or applicable Law or in equity, and shall not limit DB Maintenance Contractor’s liability or responsibility imposed by the CMA Documents or applicable Law or in equity with respect to the Maintenance Services, including liability for design Defects, latent construction Defects, strict liability, actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any DB Maintenance Contractor-Related Entity; provided, however, that, that upon expiration of the Warranties, DB Maintenance Contractor shall have no further liability hereunder for patent construction Defects.
Appears in 4 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
No Limitation on Liability. Subject to Sections 12.6 7.5.4 and 12.77.5.5, the foregoing Warranties and Subcontractor warranties are in addition to all rights and remedies available under the CMA CMC Documents or applicable Law or in equity, and shall not limit DB Contractor’s liability or responsibility imposed by the CMA CMC Documents or applicable Law or in equity with respect to the Maintenance Services, including liability for design Defects, latent construction Defects, strict liability, actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any DB Contractor-Related Entity; provided, however, that, that upon expiration of the Warranties, DB Contractor shall have no further liability hereunder for patent construction Defects.
Appears in 3 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
No Limitation on Liability. Subject to Sections 12.6 12.7 and 12.712.8, the foregoing Warranties and Subcontractor warranties are in addition to all rights and remedies available under the CMA Documents or applicable Law or in equity, and shall not limit DB Contractor’s liability or responsibility imposed by the CMA Documents or applicable Law or in equity with respect to the Maintenance Services, including liability for design Defects, latent construction Defects, strict liability, actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any DB Contractor-Related Entity; provided, however, that, that upon expiration of the Warranties, DB Contractor shall have no further liability hereunder for patent construction Defects.
Appears in 3 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
No Limitation on Liability. Subject to Sections 12.6 7.5.3 and 12.77.5.4, the foregoing Warranties and Subcontractor warranties are in addition to all rights and remedies available under the CMA CMC Documents or applicable Law or in equity, and shall not limit DB Contractor’s liability or responsibility imposed by the CMA CMC Documents or applicable Law or in equity with respect to the Maintenance Services, including liability for design Defects, latent construction Defects, strict liability, actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any DB Contractor-Related Entity; provided, however, that, that upon expiration of the Warranties, DB Contractor shall have no further liability hereunder for patent construction Defects.
Appears in 3 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
No Limitation on Liability. Subject to Sections 12.6 12.7 and 12.712.8, the foregoing Warranties and Subcontractor warranties are in addition to all rights and remedies available under the CMA COMA Documents or applicable Law or in equity, and shall not limit DB Contractor’s liability or responsibility imposed by the CMA COMA Documents or applicable Law or in equity with respect to the Maintenance Services, including liability for design Defects, latent construction Defects, strict liability, actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any DB Contractor-Related Entity; provided, however, that, that upon expiration of the Warranties, DB Contractor shall have no further liability hereunder for patent construction Defects.
Appears in 2 contracts
Samples: Comprehensive Maintenance Agreement, Comprehensive Maintenance Agreement
No Limitation on Liability. Subject to Sections 12.6 12.7 and 12.712.8, the foregoing Warranties and Subcontractor warranties are in addition to all rights and remedies available under the CMA Documents or applicable Law or in equity, and shall not limit DB Contractor’s liability or responsibility imposed by the CMA Documents or applicable Law or in equity with respect to the Maintenance Services, including liability for design Defects, latent construction Defects, strict liability, actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any DB Contractor-Related Entity; provided, however, that, upon expiration of the Warranties, DB Contractor shall have no further liability hereunder for patent construction Defects.
Appears in 1 contract
Samples: Capital Maintenance Agreement