Common use of Pursuant to Miss Clause in Contracts

Pursuant to Miss. Code Xxx. § 11-7-18 and notwithstanding anything contained in the Agreement to the contrary, no limitations on liability on the part of Contractor shall apply to any claims for compensatory damages to real or tangible personal property or to third party claims for death or bodily injury asserted against Contractor directly or by way of contribution to the extent such property damage, death or bodily injury was proximately caused by the negligence or willful misconduct of Contractor or its employees or agents. Notwithstanding anything contained in the Agreement to the contrary, nothing in the Agreement shall limit Contractor’s liability to DSU or any third parties as a result of Contractor’s breach of the Agreement, or Contractor’s own negligence or willful misconduct. See Miss. Op. Att’y Gen., Long (February 27, 2009).

Pursuant to Miss. Code Xxx. § 11-7-18 and notwithstanding anything contained in the Agreement to the contrary, no limitations on liability on the part of Contractor shall apply to any claims for compensatory damages to real or tangible personal property or to third party claims for death or bodily injury asserted against Contractor directly or by way of contribution to the extent such property damage, death or bodily injury was proximately caused by the negligence or willful misconduct of Contractor or its employees or agents. Notwithstanding anything contained in the Agreement to the contrary, nothing in the Agreement shall limit Contractor’s liability to DSU ASU or any third parties as a result of Contractor’s breach of the Agreement, or Contractor’s own negligence or willful misconduct. See Miss. Op. Att’y Gen., Long (February 27, 2009).