Common use of MUTUAL WAIVER OF CONSEQUENTIAL Clause in Contracts

MUTUAL WAIVER OF CONSEQUENTIAL. DAMAGES The Owner and the Design-builder agree to waive all claims against the other for all consequential damages that may arise out of or relate to this Agreement. The Owner agrees to waive damages including but not limited to the Owner's loss of use of the Property, all rental expenses incurred, loss of services of employees, or loss of reputation. The Design-Builder agrees to waive damages including but not limited to the loss of business, loss of financing, principle office. overhead and profits, loss of profits not related to this Project, or loss of reputation. This paragraph shall not be construed to preclude contractual provisions for liquidated damages when such provisions relate to direct damages only. , The provisions of this paragraph shall govern the termination of this Agreement and shall survive such termination.

Appears in 1 contract

Sources: Design Build Agreement (Pacific Ethanol, Inc.)

MUTUAL WAIVER OF CONSEQUENTIAL. DAMAGES The Owner and the Design-builder Builder agree to waive all claims against the other for all consequential damages that may arise out of or relate to this Agreement. The Owner agrees to waive damages including but not limited to the Owner's ’s loss of use of the Property, all rental expenses incurred, loss of services of employees, or loss of reputation. The Design-Builder agrees to waive damages including but not limited to the loss of business, loss of financing, principle office. principal office overhead and profits, loss of profits not related to this Project, or loss of reputation. This paragraph Paragraph shall not be construed to preclude contractual provisions for liquidated damages when when’ such provisions relate to direct damages only. , The provisions of this paragraph Paragraph shall govern the termination of this Agreement and shall survive such termination.

Appears in 1 contract

Sources: Design Build Agreement (Summer Infant, Inc.)