Common use of Waiver of Claims for Consequential Damages Clause in Contracts

Waiver of Claims for Consequential Damages. Except with regard to Subcontractor’s indemnity and defense obligations under the terms of the Subcontract Documents, the Contractor and Subcontractor waive claims against each other for consequential damages arising out of or relating to this Subcontract, including without limitation, any consequential damages due to either party’s termination in accordance with Article 7. Nothing contained herein shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of this Agreement. Notwithstanding the foregoing, if Subcontractor should default in performance of the Work described in Article 8 or should otherwise commit any act which causes delay to the Prime Contract work, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractor’s default.

Waiver of Claims for Consequential Damages. Except with regard to Subcontractor’s indemnity and defense obligations under the terms of the Subcontract Documents, the Contractor and Subcontractor waive claims against each other for consequential damages arising out of or relating to this Subcontract, including without limitation, any consequential damages due to either party’s termination in accordance with Article 7. Nothing contained herein shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of this Agreement. Notwithstanding the foregoing, if Subcontractor should default in performance of the Work described in Article 8 Section 2 or in any Project Agreement or should otherwise commit any act which causes delay to the Prime Contract work, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractor’s default.