Common use of Mutual Waiver of Consequential Damages Clause in Contracts

Mutual Waiver of Consequential Damages. 4.3.1. Only if and to the extent the Prime Contract provides for a mutual waiver of consequential damages by Owner and Contractor, Contractor and Testing Subcontractor waive claims against each other for any consequential damages that may arise out of or relate to the Agreement. Testing Subcontractor shall obtain from its subcontractors waivers of consequential damages that correspond to Testing Subcontractor’s waiver of consequential damages herein. If so provided in the Prime Contract, this mutual waiver applies to consequential damages due to termination by Contractor or Owner. 4.3.2. To the extent the Prime Contract provides for a mutual waiver of consequential damages by Owner and Contractor, damages for which Contractor is liable to Owner are not consequential damages for the purpose of this waiver.