REMEDIES AND CONTRACT INTEGRATION. 1. Subject to the Contract provisions regarding Contractor claims, claim review, and claim resolution, and subject to the limitations therein, the exclusive jurisdiction and venue for resolving all claims, counter-claims, disputes and other matters in question between County and Contractor arising out of or relating to the Contract, any breach thereof or the Project, shall be decided in the applicable court of competent jurisdiction located in the State of California, County of San Diego. All County remedies provided in the Contract shall be taken and construed as cumulative and not exclusive; that is, in addition to each and every other remedy herein provided; and in all instances County shall have any and all other equitable and legal rights and remedies which it would have according to law. 2. In any proceeding to enforce the Contract, Contractor and County agree that the finder of fact shall receive detailed instructions on the meaning and operation of the Contract, including their conditions, limitations of liability and remedies clauses, claims procedures and any other provisions impacting major defenses and theories of liability of the parties. Detailed findings of fact shall be requested, to verify Contract enforcement. 3. The Contract, and any Contract Modifications, shall represent the entire and integrated agreement between the County and Contractor regarding the subject matter of this agreement and shall constitute the exclusive statement of the terms of the parties' agreement. 4. The Contract, and any Contract Modifications, shall supersede any and all prior negotiations, representations or agreements, written or oral, express or implied, that relate in any way to the subject matter of this agreement or written modifications. The County and Contractor represent and agree that they are entering into this contract and any subsequent written modification in sole reliance upon the information set forth in the Contract or Contract Modifications and the parties are not and will not rely on any other information.
Appears in 9 contracts
Samples: Contract for Design Build Services, Contract, Contract
REMEDIES AND CONTRACT INTEGRATION.
1. Subject to the Contract provisions regarding Contractor claims, claim review, and claim resolution, and subject to the limitations therein, the exclusive jurisdiction and venue for resolving all claims, counter-claims, disputes and other matters in question between County and Contractor arising out of or relating to the Contract, any breach thereof or the Project, shall be decided in the applicable court of competent jurisdiction located in the State of California, County of San Diego. All County remedies provided in the Contract shall be taken and construed as cumulative and not exclusive; that is, in addition to each and every other remedy herein provided; and in all instances County shall have any and all other equitable and legal rights and remedies which it would have according to law.
2. In any proceeding to enforce the Contract, Contractor and County agree that the finder of fact shall receive detailed instructions on the meaning and operation of the Contract, including their conditions, limitations of liability and remedies clauses, claims procedures and any other provisions impacting major defenses and theories of liability of the parties. Detailed findings of fact shall be requested, to verify Contract enforcement.
3. The Contract, and any Contract Modifications, shall represent the entire and integrated agreement between the County and Contractor regarding the subject matter of this agreement and shall constitute the exclusive statement of the terms of the parties' agreement.
4. The Contract, and any Contract Modifications, shall supersede any and all prior negotiations, representations or agreements, written or oral, express or implied, that relate in any way to the subject matter of this agreement or written modifications. The County and Contractor represent and agree that they are entering into this contract and any subsequent written modification in sole reliance upon the information set forth in the Contract or Contract Modifications and the parties are not and will not rely on any other information.
Appears in 1 contract
Samples: Contract for Design Build Services
REMEDIES AND CONTRACT INTEGRATION. 1. Subject to the Contract provisions regarding Contractor claims, claim review, and claim resolution, and subject to the limitations therein, the exclusive jurisdiction and venue for resolving all claims, counter-claims, disputes and other matters in question between County and Contractor arising out of or relating to the Contract, any breach thereof or the Project, shall be decided in the applicable court of competent jurisdiction located in the State of California, County of San Diego. All County remedies provided in the Contract shall be taken and construed as cumulative and not exclusive; that is, in addition to each and every other remedy herein provided; and in all instances County shall have any and all other equitable and legal rights and remedies which it would have according to law.
2. In any proceeding to enforce the Contract, Contractor and County agree that the finder of fact shall receive detailed instructions on the meaning and operation of the Contract, including their conditions, limitations of liability and remedies clauses, claims procedures and any other provisions impacting major defenses and theories of liability of the parties. Detailed findings of fact shall be requested, to verify Contract enforcement.
3. The Contract, and any Contract Modifications, shall represent the entire and integrated agreement between the County and Contractor regarding the subject matter of this agreement and shall constitute the exclusive statement of the terms of the parties' agreement.exclusive
4. The Contract, and any Contract Modifications, shall supersede any and all prior negotiations, representations or agreements, written or oral, express or implied, that relate in any way to the subject matter of this agreement or written modifications. The County and Contractor represent and agree that they are entering into this contract and any subsequent written modification in sole reliance upon the information set forth in the Contract or Contract Modifications and the parties are not and will not rely on any other information.
Appears in 1 contract
Samples: Contract
REMEDIES AND CONTRACT INTEGRATION.
1. Subject to the Contract provisions regarding Contractor claims, claim review, and claim resolution, and subject to the limitations therein, the exclusive jurisdiction and venue for resolving all claims, counter-claimscounterclaims, disputes and other matters in question between County and Contractor arising out of or relating to the Contract, any breach thereof or the Project, shall be decided in the applicable court of competent jurisdiction located in the State of California, County of San Diego. All County remedies provided in the Contract shall be taken and construed as cumulative and not exclusive; that is, in addition to each and every other remedy herein provided; and in all instances County shall have any and all other equitable and legal rights and remedies which it would have according to law.
2. In any proceeding to enforce the Contract, Contractor and County agree that the finder of fact shall receive detailed instructions on the meaning and operation of the Contract, including their conditions, limitations of liability and remedies clauses, claims procedures and any other provisions impacting major defenses and theories of liability of the parties. Detailed findings of fact shall be requested, to verify Contract enforcement.
3. The Contract, and any Contract Modifications, shall represent the entire and integrated agreement between the County and Contractor regarding the subject matter of this agreement and shall constitute the exclusive statement of the terms of the parties' agreement.
4. The Contract, and any Contract Modifications, shall supersede any and all prior negotiations, representations or agreements, written or oral, express or implied, that relate in any way to the subject matter of this agreement or written modifications. The County and Contractor represent and agree that they are entering into this contract and any subsequent written modification in sole reliance upon the information set forth in the Contract or Contract Modifications and the parties are not and will not rely on any other information.
Appears in 1 contract
Samples: Design Build Contract