Common use of Team Evaluation, Covenant not to Sue Clause in Contracts

Team Evaluation, Covenant not to Sue. If the Owner determines to utilize the State of Georgia’s formal Team Evaluation Process, then the Owner, Design Professional, Contractor, and any other Team Member agree to participate in good faith. In such event, the Design Professional waives any and all legal rights for defamation, libel or slander, and covenants not to sue the State of Georgia, the Owner, the Contractor, the Using Agency, other Team Members, and their respective representatives and agents, as a result of rankings and results related to the Design Professional’s performance, rendered and posted in good faith as part of and in accordance with said Team Evaluation Process. The Contractor and other Team Members, in their agreements with the Owner, shall execute a similar contract provision.

Team Evaluation, Covenant not to Sue. If the Owner determines to utilize the State of Georgia’s formal Team Evaluation Process, then the Owner, Design Professional, ContractorCM/GC, and any other Team Member agree to participate in good faith. In such event, the Design Professional waives any and all legal rights for defamation, libel or slander, and covenants not to sue the State of Georgia, the Owner, the ContractorCM/GC, the Using Agency, other Team Members, and their respective representatives and agents, as a result of rankings and results related to the Design Professional’s performance, rendered and posted in good faith as part of and in accordance with said Team Evaluation Process. The Contractor CM/GC and other Team Members, in their agreements with the Owner, shall execute a similar contract provision.