Rights Exclusive. The rights and remedies of Owner or Contractor as set forth in this Agreement shall be the exclusive rights or remedies of the Parties. The limitations of liability, waivers, indemnities, extension of insurances and other liability protection provided herein for the benefit of Contractor shall also apply for the benefit of Contractor Interests and shall apply irrespective of the basis of such claim, whether arising at contract (including breach warranty, indemnity, etc.), tort or otherwise, and regardless of fault, negligence or strict liability.
Appears in 4 contracts
Samples: Engineering, Procurement and Construction Agreement (South Carolina Electric & Gas Co), Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (Scana Corp)
Rights Exclusive. The rights and remedies of Owner or Contractor as set forth in this Agreement shall be the exclusive rights or remedies of the Parties. The limitations of liability, waivers, indemnities, extension of insurances and other liability protection provided herein for the benefit of Contractor shall also apply for the benefit of Contractor Interests and shall apply irrespective of the basis of such claim, whether arising at contract (including breach warranty, indemnity, etc.), tort or otherwise, and regardless of fault, negligence or strict liability.
Appears in 3 contracts
Samples: Engineering, Procurement and Construction Agreement (Duke Energy CORP), Engineering, Procurement and Construction Agreement (Duke Energy Carolinas, LLC), Engineering, Procurement and Construction Agreement (Duke Energy CORP)
Rights Exclusive. The rights and remedies of Owner Owners or Contractor as set forth in this Agreement shall be the exclusive rights or remedies of the Parties. The limitations of liability, waivers, indemnities, extension of insurances insurance coverages and other liability protection provided herein for the benefit of Contractor shall also apply for the benefit of Contractor Interests and shall apply irrespective of the basis of such claim, whether arising at contract (including breach warranty, indemnity, etc.), tort or otherwise, and regardless of the fault, negligence or strict liability, except as otherwise provided in Section 15.4(e).
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Agreement (Alabama Power Co), Engineering, Procurement and Construction Agreement (Georgia Power Co)
Rights Exclusive. The rights and remedies of Owner Owners or Contractor as set forth in this Agreement shall be the exclusive rights or remedies of the Parties. The limitations of liability, waivers, indemnities, extension of insurances insurance coverages and other liability protection provided herein for the benefit of Contractor and Owners shall also apply for the benefit of Contractor Interests and Owner Interests and shall apply to the maximum extent permitted by Law, irrespective of the basis of such claim, whether arising at contract (including breach warranty, indemnity, etc.), tort or otherwise, and regardless of the fault, negligence or strict liability.
Appears in 1 contract
Samples: Construction Completion Agreement (Mississippi Power Co)
