Limitation of Certain Contractor Liabilities Sample Clauses

The 'Limitation of Certain Contractor Liabilities' clause restricts the extent to which a contractor can be held financially or legally responsible for specific types of damages or losses arising from their work. Typically, this clause sets caps on liability amounts, excludes certain categories of damages such as indirect or consequential losses, or limits liability to the value of the contract. By clearly defining the boundaries of the contractor's responsibility, this clause helps manage risk exposure for contractors and provides predictability for both parties regarding potential liabilities.
Limitation of Certain Contractor Liabilities. Notwithstanding anything herein to the contrary, the total liability of Contractor in contract, tort, equity or otherwise (including negligence, warranty, strict liability or otherwise) relative to or arising out of this Agreement shall not exceed an amount equal to forty percent (40%) of the Contract Sum; provided, that the foregoing limitation shall not apply to or include: (i) the proceeds of insurance, not to exceed amounts required to be maintained by Contractor in accordance with the terms of this Agreement; (ii) costs, liabilities or obligations that arise from Gross Negligence, willful misconduct or actual fraud of Contractor; (iii) costs, liabilities or obligations that arise from Contractor’s abandonment of the DB Work or from a Contractor Default described in Section 15.2.1(vii); (iv) Contractor’s breach of its obligations in Section 10.4; or (v) Contractor’s indemnity obligations under Article 13.
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Limitation of Certain Contractor Liabilities. Notwithstanding anything herein to the contrary, the total liability of Contractor in contract, tort, equity or otherwise (including negligence, warranty, strict liability or otherwise and including any liquidated damages that may be payable pursuant to Article 7 hereof) relative to or arising out of this Agreement shall not exceed an amount equal to one hundred percent (100%) of the Contract Sum; provided, that the foregoing limitation shall not apply to or include: (i) the proceeds of insurance, not to exceed amounts required to be maintained by Contractor in accordance with the terms of this Agreement; (ii) costs, liabilities or obligations that arise from the gross negligence, willful misconduct or actual fraud of Contractor; (iii) costs, liabilities or obligations that arise from Contractor’s abandonment of the TTMS Work or from a Contractor Default described in Section 15.2.1(vii); (iv) Contractor’s breach of its obligations in Section 10.3; or (v) Contractor’s indemnity obligations under Article 13.
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Limitation of Certain Contractor Liabilities. Contractor’s liability to Owner under this Agreement for Mechanical Completion Delay Liquidated Damages in the aggregate shall be limited to an amount equal to twenty percent (20%) of the Contract Price. Contractor’s liability for all damages (including Mechanical Completion Delay Liquidated Damages) under this Agreement shall be limited to a maximum aggregate amount equal to one hundred percent (100%) of the Contract Price, provided however, such limitation of liability shall not apply to: (i) Contractor’s indemnification obligations under Section 10.1.1; (ii) costs incurred by Contractor in achieving Project Mechanical Completion; (iii) any loss or damage arising out of or connected with Contractor’s gross negligence, fraud, willful misconduct or illegal or unlawful acts; and (iv) damages for which insurance proceeds are received from insurance required to be provided pursuant to this Agreement, it being the Parties’ specific intent that the limitation of liability shall not relieve the insurers’ obligations for such insured risks.
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Related to Limitation of Certain Contractor Liabilities

  • Assumption of Certain Liabilities On the terms and subject to the conditions set forth herein and in the Sale Order effective as of the Closing, Purchaser shall irrevocably assume from each Seller (and from and after the Closing pay, perform, discharge, or otherwise satisfy in accordance with their respective terms), and such Seller shall irrevocably transfer, assign, convey, and deliver to Purchaser, only the following Liabilities, without duplication (collectively, the “Assumed Liabilities”): (a) all Liabilities arising out of or relating to the ownership and operation of the Acquired Assets, Assigned Contracts or Acquired Businesses, arising at or after the Petition Date that are due and payable after the Closing (including, for the avoidance of doubt, accounts payable due and payable after the Closing); (b) all Liabilities (i) in respect of Transferred Employees arising at or after the Closing and (ii) assumed by Purchaser pursuant to Section 5.9; (c) all cure costs required to be paid pursuant to section 365 of the Bankruptcy Code in connection with the assumption and assignment of the Assigned Contracts (the “Cure Costs”); (d) any Liability for Taxes (including the payment thereof) attributable to the Acquired Assets for a taxable period (or portion thereof) beginning after the Closing Date (as determined pursuant to Section 5.11); (e) Transfer Taxes; and (f) subject to Purchaser’s further review, certain customer deposits to be identified by the Parties in good faith prior to the Closing.

  • LIMITATION OF OUR LIABILITY We are not responsible or liable to you or any supplementary cardmember for: • any delay or failure by a merchant to accept the card, • goods and services you charge to your account, including any dispute with a merchant about goods and services charged to your account, • any costs, damages or expenses arising out of our failure to carry out our obligations under this agreement if that failure is caused by a third party or because of a systems failure, data processing failure, industrial dispute or other action outside our control, and • loss of profits or any incidental, indirect, consequential, punitive or special damages regardless of how they arise. For example, we will not be liable to you or any supplementary cardmember for any malfunction or failure of the card or refusal by a merchant to accept the card. Clause required under the Consumer Protection Act. (Open credit contract for the use of a credit card)

  • LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.

  • Indemnification of Certain Expenses The Company shall indemnify Indemnitee against all expenses incurred in connection with any hearing or proceeding under this Section 7 unless the Company prevails in such hearing or proceeding on the merits in all material respects.

  • Exclusion of Certain Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.