Common use of Mutual Waiver of Consequential Damages Clause in Contracts

Mutual Waiver of Consequential Damages. 5.3.1 Except as provided under Section 5.3.2, the Owner and A/E each waive against the other all claims for consequential damages that may arise out of or relate to this Agreement. 5.3.1.1 The Owner’s waiver includes claims for loss of use, income, profit, revenue, financing, cost of capital, business and reputation, management and employee productivity, and consequential damages arising from termination of the Agreement or related to insolvency. 5.3.1.2 The A/E’s waiver includes claims for overhead; delay damages except as otherwise specifically provided for in the Agreement; increased cost of funds for the Project; lost opportunity to work on other projects; losses of financing, business, and reputation; loss of profit except anticipated profit arising directly from properly performed Services; and consequential damages arising from termination of the Agreement or related to insolvency. 5.3.2 Notwithstanding Section 5.3.1, this Section 5.3: 5.3.2.1 does not apply to any damages that would be covered by insurance required or provided in connection with the Project if the Agreement did not include Section 5.3.1; 5.3.2.2 does not apply to the A/E’s indemnity obligations for third-party claims against the Indemnified Parties even if those claims are for damages that Section 5.3.1 would otherwise preclude; and 5.3.2.3 does not apply to Claims for damages arising from the Owner or A/E’s gross negligence or willful misconduct. 5.3.3 This Section 5.3 shall survive termination of the Agreement.

Mutual Waiver of Consequential Damages. 5.3.1 5.4.1 Except as provided under Section 5.3.25.4.2, the Owner and A/E each waive against the other all claims for consequential damages that may arise out of or relate to this Agreement. 5.3.1.1 5.4.1.1 The Owner’s waiver includes claims for loss of use, income, profit, revenue, financing, cost of capital, business and reputation, management and employee productivity, and consequential damages arising from termination of the Agreement or related to insolvency. 5.3.1.2 5.4.1.2 The A/E’s waiver includes claims for overhead; delay damages except as otherwise specifically provided for in the Agreement; increased cost of funds for the Project; lost opportunity to work on other projects; losses of financing, business, and reputation; loss of profit except anticipated profit arising directly from properly performed Services; and consequential damages arising from termination of the Agreement or related to insolvency. 5.3.2 5.4.2 Notwithstanding Section 5.3.15.4.1, this Section 5.35.4: 5.3.2.1 5.4.2.1 does not apply to any damages that would be covered by insurance required or provided in connection with the Project if the Agreement did not include Section 5.3.15.4.1; 5.3.2.2 5.4.2.2 does not apply to the A/E’s indemnity obligations for third-party claims against the Indemnified Parties even if those claims are for damages that Section 5.3.1 5.4.1 would otherwise preclude; and 5.3.2.3 5.4.2.3 does not apply to Claims for damages arising from the Owner or A/E’s gross negligence or willful misconduct. 5.3.3 5.4.3 This Section 5.3 5.4 shall survive termination of the Agreement.

Mutual Waiver of Consequential Damages. 5.3.1 5.8.1 Except as provided under Section 5.3.25.8.2, the Owner State and A/E Consultant each waive against the other all claims for consequential damages that may arise out of or relate to this Agreement. 5.3.1.1 5.8.1.1 The OwnerState’s waiver includes claims for loss of use, income, profit, revenue, financing, cost of capital, business and reputation, management and employee productivity, and consequential damages arising from termination of the Agreement or related to insolvency. 5.3.1.2 5.8.1.2 The A/EConsultant’s waiver includes claims for overhead; delay damages except as otherwise specifically provided for in the Agreement; increased cost of funds for the Project; lost opportunity to work on other projects; losses of financing, business, and reputation; loss of profit except anticipated profit arising directly from properly performed Services; and consequential damages arising from termination of the Agreement or related to insolvency. 5.3.2 5.8.2 Notwithstanding Section 5.3.15.8.1, this Section 5.35.8: 5.3.2.1 5.8.2.1 does not apply to any damages that would be covered by insurance required or provided in connection with the Project if the Agreement did not include Section 5.3.15.8.1; 5.3.2.2 5.8.2.2 does not apply to the A/EConsultant’s indemnity obligations for third-party claims against the Indemnified Parties even if those claims are for damages that Section 5.3.1 5.8.1 would otherwise preclude; and 5.3.2.3 5.8.2.3 does not apply to Claims for damages arising from the Owner State or A/EConsultant’s gross negligence or willful misconduct. 5.3.3 5.8.3 This Section 5.3 5.8 shall survive termination of the Agreement.

Mutual Waiver of Consequential Damages. 5.3.1 5.4.1 Except as provided under Section 5.3.25.4.2, the Owner and A/E CM each waive against the other all claims for consequential damages that may arise out of or relate to this Agreement. 5.3.1.1 5.4.1.1 The Owner’s waiver includes claims for loss of use, income, profit, revenue, financing, cost of capital, business and reputation, management and employee productivity, and consequential damages arising from termination of the Agreement or related to insolvency. 5.3.1.2 5.4.1.2 The A/ECM’s waiver includes claims for overhead; delay damages except as otherwise specifically provided for in the Agreement; increased cost of funds for the Project; lost opportunity to work on other projects; losses of financing, business, and reputation; loss of profit except anticipated profit arising directly from properly performed Services; and consequential damages arising from termination of the Agreement or related to insolvency. 5.3.2 5.4.2 Notwithstanding Section 5.3.15.4.1, this Section 5.35.4: 5.3.2.1 5.4.2.1 does not apply to any damages that would be covered by insurance required or provided in connection with the Project if the Agreement did not include Section 5.3.15.4.1; 5.3.2.2 5.4.2.2 does not apply to the A/ECM’s indemnity obligations for third-party claims against the Indemnified Parties even if those claims are for damages that Section 5.3.1 5.4.1 would otherwise preclude; and 5.3.2.3 5.4.2.3 does not apply to Claims for damages arising from the Owner or A/ECM’s gross negligence or willful misconduct. 5.3.3 This Section 5.3 shall survive termination of the Agreement.

Mutual Waiver of Consequential Damages. 5.3.1 8.8.1 Except as provided under Section 5.3.28.8.2, the Owner and A/E CM each waive against the other all claims Claims for consequential damages that may arise out of or relate to this AgreementContract. 5.3.1.1 8.8.1.1 The Owner’s waiver includes claims Claims for loss of use, income, profit, revenue, financing, cost of capital, business and reputation, management and employee productivity, and consequential damages arising from termination of the Agreement Contract or related to insolvency. 5.3.1.2 8.8.1.2 The A/ECM’s waiver includes claims Claims for unabsorbed home-office overhead; any other form of overhead in excess of that specifically provided for under Section 7.7; delay damages except as otherwise specifically provided for in the AgreementSection 8.6; increased cost of funds for the Project; lost opportunity to work on other projects; losses of financing, business, and reputation; loss of profit except anticipated profit arising directly from properly performed ServicesWork; loss of bonding capacity; and consequential damages arising from termination of the Agreement Contract or related to insolvency. 5.3.2 8.8.2 Notwithstanding Section 5.3.18.8.1, this Section 5.38.8: 5.3.2.1 8.8.2.1 does not apply to any damages that would be covered by insurance required or provided in connection with the Project if the Agreement Contract did not include Section 5.3.18.8.1; 5.3.2.2 8.8.2.2 does not apply to the A/ECM’s indemnity obligations for third-party claims against the Indemnified Parties even if those claims are for damages that Section 5.3.1 8.8.1 would otherwise preclude; 8.8.2.3 does not preclude the Owner’s recovery of Liquidated Damages under Section 8.7; and 5.3.2.3 8.8.2.4 does not apply to Claims for damages arising from the Owner Owner’s or A/Ethe CM’s gross negligence or willful misconduct. 5.3.3 8.8.3 This Section 5.3 8.8 shall survive termination of the AgreementContract.

Mutual Waiver of Consequential Damages. 5.3.1 8.8.1 Except as provided under Section 5.3.28.8.2, the Owner and A/E DB each waive against the other all claims Claims for consequential damages that may arise out of or relate to this AgreementContract. 5.3.1.1 8.8.1.1 The Owner’s waiver includes claims Claims for loss of use, income, profit, revenue, financing, cost of capital, business and reputation, management and employee productivity, and consequential damages arising from termination of the Agreement Contract or related to insolvency. 5.3.1.2 8.8.1.2 The A/EDB’s waiver includes claims Claims for unabsorbed home-office overhead; any other form of overhead in excess of that specifically provided for under Section 7.7; delay damages except as otherwise specifically provided for in the AgreementSection 8.6; increased cost of funds for the Project; lost opportunity to work on other projects; losses of financing, business, and reputation; loss of profit except anticipated profit arising directly from properly performed ServicesWork; loss of bonding capacity; and consequential damages arising from termination of the Agreement Contract or related to insolvency. 5.3.2 8.8.2 Notwithstanding Section 5.3.18.8.1, this Section 5.38.8: 5.3.2.1 8.8.2.1 does not apply to any damages that would be covered by insurance required or provided in connection with the Project if the Agreement Contract did not include Section 5.3.18.8.1; 5.3.2.2 8.8.2.2 does not apply to the A/EDB’s indemnity obligations for third-party claims against the Indemnified Parties even if those claims are for damages that Section 5.3.1 8.8.1 would otherwise preclude; 8.8.2.3 does not preclude the Owner’s recovery of Liquidated Damages under Section 8.7; and 5.3.2.3 8.8.2.4 does not apply to Claims for damages arising from the Owner Owner’s or A/Ethe DB’s gross negligence or willful misconduct. 5.3.3 8.8.3 This Section 5.3 8.8 shall survive termination of the AgreementContract.

Mutual Waiver of Consequential Damages. 5.3.1 8.8.1 Except as provided under Section 5.3.28.8.2, the Owner and A/E Contractor each waive against the other all claims Claims for consequential damages that may arise out of or relate to this AgreementContract. 5.3.1.1 8.8.1.1 The Owner’s waiver includes claims Claims for loss of use, income, profit, revenue, financing, cost of capital, business and reputation, management and employee productivity, and consequential damages arising from termination of the Agreement Contract or related to insolvency. 5.3.1.2 8.8.1.2 The A/EContractor’s waiver includes claims Claims for unabsorbed home-office overhead; any other form of overhead in excess of that specifically provided for under Section 7.7; delay damages except as otherwise specifically provided for in the AgreementSection 8.6; increased cost of funds for the Project; lost opportunity to work on other projects; losses of financing, business, and reputation; loss of profit except anticipated profit arising directly from properly performed ServicesWork; loss of bonding capacity; and consequential damages arising from termination of the Agreement Contract or related to insolvency. 5.3.2 8.8.2 Notwithstanding Section 5.3.18.8.1, this Section 5.38.8: 5.3.2.1 8.8.2.1 does not apply to any damages that would be covered by insurance required or provided in connection with the Project if the Agreement Contract did not include Section 5.3.18.8.1; 5.3.2.2 8.8.2.2 does not apply to the A/EContractor’s indemnity obligations for third-party claims against the Indemnified Parties even if those claims are for damages that Section 5.3.1 8.8.1 would otherwise preclude; 8.8.2.3 does not preclude the Owner’s recovery of Liquidated Damages under Section 8.7; and 5.3.2.3 8.8.2.4 does not apply to Claims for damages arising from the Owner Owner’s or A/Ethe Contractor’s gross negligence or willful misconduct. 5.3.3 8.8.3 This Section 5.3 8.8 shall survive termination of the AgreementContract.