No Limitation on Liability. Subject to Sections 7.5.3 and 7.5.4, the foregoing Warranties and Subcontractor warranties are in addition to all rights and remedies available under the CMC Documents or applicable Law or in equity, and shall not limit DB Contractor’s liability or responsibility imposed by the 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 upon expiration of the Warranties, DB Contractor shall have no further liability hereunder for patent construction Defects.
Appears in 6 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
No Limitation on Liability. Subject to Sections 7.5.3 12.6 and 7.5.412.7, the foregoing Warranties and Subcontractor warranties are in addition to all rights and remedies available under the CMC CMA Documents or applicable Law or in equity, and shall not limit DB Contractor’s liability or responsibility imposed by the CMC 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 5 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
No Limitation on Liability. Subject to Sections 7.5.3 12.7 and 7.5.412.8, the foregoing Warranties and Subcontractor warranties are in addition to all rights and remedies available under the CMC COMA Documents or applicable Law or in equity, and shall not limit DB Contractor’s liability or responsibility imposed by the CMC 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 upon expiration of the Warranties, DB Contractor shall have no further liability hereunder for patent construction Defects.
Appears in 5 contracts
Samples: Comprehensive Maintenance Agreement, Comprehensive Maintenance Agreement, Comprehensive Maintenance Agreement
No Limitation on Liability. Subject to Sections 7.5.3 12.7 and 7.5.412.8, the foregoing Warranties and Subcontractor warranties are in addition to all rights and remedies available under the CMC CMA Documents or applicable Law or in equity, and shall not limit DB Contractor’s liability or responsibility imposed by the CMC 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 3 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
No Limitation on Liability. Subject to Sections 7.5.3 12.7 and 7.5.412.8, the foregoing Warranties and Subcontractor warranties are in addition to all rights and remedies available under the CMC CMA Documents or applicable Law or in equity, and shall not limit DB Contractor’s liability or responsibility imposed by the CMC 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 7.5.3 7.5.4 and 7.5.47.5.5, the foregoing Warranties and Subcontractor warranties are in addition to all rights and remedies available under the CMC Documents or applicable Law or in equity, and shall not limit DB Contractor’s liability or responsibility imposed by the 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 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