Common use of Liability of Authority Clause in Contracts

Liability of Authority. (a) The Council its servants or agents shall owe no duty of care to the Operator in respect of matters connected with or arising out of this contract but shall owe the obligations set out in the terms of the Contract. (b) Any damages or other sum awarded against the Council or payable by the Council to the Operator on any claim under or in respect of any matter connected with the Contract (whether arising from any negligence of the Council its servants or agents or otherwise) shall be limited to and shall not in any event exceed a sum equal to the specified sum payable by the Operator under the Contract for the six month period in which the matter complained of arose or first arose. (c) The Council in no way warrants the truth or accuracy of any written or oral statement (including the contents of any descriptions forming part thereof) which has or may have been made to the Operator prior to his entering into the Contract. (d) The Operator acknowledges that he has not entered into the Contract in reliance on any representation (whether written or oral) made to him by the Council unless either such representation is expressly included in the Contract Documents or he has obtained express confirmation of the same by the Council in writing and the Operator acknowledges that the Council has contracted on this basis.

Liability of Authority. (a) The Council its servants or agents shall owe no duty of care to the Operator Provider in respect of matters connected with or arising out of this contract but shall owe the obligations set out in the terms of the Contract. (b) Any damages or other sum awarded against the Council or payable by the Council to the Operator Provider on any claim under or in respect of any matter connected with the Contract (whether arising from any negligence of the Council its servants or agents or otherwise) shall be limited to and shall not in any event exceed a sum equal to the specified sum payable by the Operator Provider under the Contract for the six month period in which the matter complained of arose or first arose. (c) The Council in no way warrants the truth or accuracy of any written or oral statement (including the contents of any descriptions forming part thereof) which has or may have been made to the Operator Provider prior to his entering into the Contract. (d) The Operator Provider acknowledges that he has not entered into the Contract in reliance on any representation (whether written or oral) made to him by the Council unless either such representation is expressly included in the Contract Documents or he has obtained express confirmation of the same by the Council in writing and the Operator Provider acknowledges that the Council has contracted on this basis.