No Special or Consequential Damages. In no event shall Losses be deemed to include any special, indirect, consequential or punitive damages.
No Special or Consequential Damages. No Party shall be entitled to recover special, consequential, exemplary or punitive damages from the other Parties, and each Party hereby waives any claim or right to special, consequential, exemplary or punitive damages hereunder, even if caused by the active, passive, sole, joint, concurrent or comparative negligence, strict liability, or other fault of any Party, other than fraud or intentional misconduct.
No Special or Consequential Damages. The City expressly waives any claims against Metro regarding the Scope of Work under this Agreement. In no event will Metro be liable for and the City specifically releases Metro from any liability for special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwise) under or in respect of this Agreement or for any failure of performance related to the Scope of Work or this Agreement, however caused, whether or not arising from Metro’s sole, joint or concurrent negligence. The CITY, BY EXECUTION OF THIS AGREEMENT TO AGREE, XXXXXX ACKNOWLEDGES THAT THE CITY HAS READ THIS AGREEMENT TO AGREE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. _ Metro By: By: Printed: Printed: Title: Title: Date: Date: Project Title: 82nd Avenue Project Development Start Up Tasks Project Purpose: The project will advance work to improve safety, access, transit performance and asset condition on 82nd Avenue. The project outcome will be a project charter and schedule; existing conditions including safety needs; development of a decision making and public involvement strategy; and early work to develop roadway conceptual designs to provide varying degrees of transit priority. Budget: Project managers will agree on the budget allocation before commencing the work. The project has multiple funding sources and the team will work together to ensure this work and other tasks not included in this scope of work are completed as efficiently as possible. Invoices: The City of Portland will submit to Metro on a monthly basis reimbursement invoices detailing with reasonable particularity the work performed under this Agreement. Metro will pay the City the balance due not later than thirty (30) days after receipt of a proper invoice, inclusive of the date the invoice was received. Invoices must be supported by current time sheets, supporting documentation for other costs included in the invoice, and a summary of activities performed for each month, or any other documentation reasonably required by Metro. The Project Managers will review the invoices against the Project budget to provide real time cost tracking and budget management. All invoices must be submitted to Metro at the following address: Metro Accounts Payable 600 N.E. Grand Avenue Portland, OR 97232-2736 or Xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx The City will proceed with the project as follows: Task Deliverable General Start and End Date
No Special or Consequential Damages. No party shall be liable, and each party hereby agrees to waive and shall not seek the recovery of, any special or consequential damages for the breach or threatened breach of any provision of this Agreement.
No Special or Consequential Damages. Notwithstanding anything to the contrary contained in any of the Sale Documents, no party shall be liable to or otherwise responsible to any Seller Indemnified Person or Purchaser Indemnified Person, as the case may be, or any of their respective successors or assigns, for consequential, incidental or special damages or for lost profits with respect to any indemnifiable claims under this Article XII, except to the extent such damages are asserted against an indemnified party by a third party.
No Special or Consequential Damages. NO PARTY SHALL BE ENTITLED TO RECOVER SPECIAL OR CONSEQUENTIAL DAMAGES FROM THE OTHER PARTIES, AND EACH PARTY HEREBY WAIVES ANY CLAIM OR RIGHT TO SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES HEREUNDER, EVEN IF CAUSED BY THE ACTIVE, PASSIVE, SOLE, JOINT, CONCURRENT OR COMPARATIVE NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT OF ANY PARTY.
No Special or Consequential Damages. CLIENT and CONSULTANT agree that to the fullest extent permitted by law neither party shall be liable to the other for any special, indirect, or consequential damages whatsoever, whether caused by either party's negligence, errors, omissions, strict liability, breach of contract, breach of warranty, or other cause or causes.
No Special or Consequential Damages. Grantee expressly waives any claims against Metro regarding the Scope of Work under this Agreement. Metro’s liability under this Agreement shall be limited to payment of the Grant Funds, to the extent that Grantee has fully and completely complied with all terms and conditions of this Agreement. In no event shall Metro be liable for and the Grantee specifically releases Metro from any liability for special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwise) under or in respect of this Agreement or for any failure of performance related to the Scope of Work or this Agreement, however caused, whether or not arising from Metro’s sole, joint or concurrent negligence. GRANTEE, BY EXECUTION OF THIS AGREEMENT TO AGREE, HEREBY ACKNOWLEDGES THAT GRANTEE HAS READ THIS AGREEMENT TO AGREE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Multnomah County Metro By: By: Printed: Printed: Title: Title: Date: Date: Overhead Rate Negotiated: (requires documentation) _ (filled in by Metro) Task 1 - Equity - 10% of time Metro Grant 936221
No Special or Consequential Damages. The County expressly waives any claims against Metro regarding the Scope of Work under this Agreement. In no event will Metro be liable for and the County specifically releases Metro from any liability for special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwise) under or in respect of this Agreement or for any failure of performance related to the Scope of Work or this Agreement, however caused, whether or not arising from Metro’s sole, joint or concurrent negligence. 6 of 21 Revised July 2018 OMA/MB Multnomah Contract: DCS-IGA-R-10906-2019 Page 7 Project Title: NE 000xx Xxxxxx Pedestrian Crossing Feasibility Study Project RTP No. 10394 Estimated budget at time of award: Total Cost of Project: $133,000 Metro Award: $ 70,000 Local: Fairview Contribution: $ 58,000 Local: Multnomah County Contribution (in-kind): $ 5,000 The Project application is attached to the Scope of Work as Attachment 1. The County will proceed with the Project as follows:
No Special or Consequential Damages. CONTRACTOR WAIVES ANY SPECIAL OR CONSEQUENTIAL DAMAGES FOR CLAIMS, DISPUTES OR OTHER MATTERS IN QUESTION RELATING TO THIS AGREEMENT.
