No Special or Consequential Damages Sample Clauses
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No Special or Consequential Damages. No Appraiser, Firm or Client shall be liable to one another or to any third party for special or consequential damages relating to the appraisal or Appraisal Services Agreement, including, without limitation, loss of profits, prospective business opportunities, or damages caused by loss of use of any property, regardless of whether arising from negligence or breach of the Appraisal Services Agreement or otherwise, and regardless of whether a party was advised or knew of the possibility of such damages.
No Special or Consequential Damages. No Party shall be entitled to recover special, consequential, exemplary or punitive damages from the other Parties, and each Party hereby waives any claim or right to special, consequential, exemplary or punitive damages hereunder, even if caused by the active, passive, sole, joint, concurrent or comparative negligence, strict liability, or other fault of any Party, other than fraud or intentional misconduct.
No Special or Consequential Damages. In no event shall Losses be deemed to include any special, indirect, consequential or punitive damages.
No Special or Consequential Damages. Notwithstanding anything to the contrary contained in any of the Sale Documents, no party shall be liable to or otherwise responsible to any Seller Indemnified Person or Purchaser Indemnified Person, as the case may be, or any of their respective successors or assigns, for consequential, incidental or special damages or for lost profits with respect to any indemnifiable claims under this Article XII, except to the extent such damages are asserted against an indemnified party by a third party.
No Special or Consequential Damages. NO PARTY SHALL BE ENTITLED TO RECOVER SPECIAL OR CONSEQUENTIAL DAMAGES FROM THE OTHER PARTIES, AND EACH PARTY HEREBY WAIVES ANY CLAIM OR RIGHT TO SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES HEREUNDER, EVEN IF CAUSED BY THE ACTIVE, PASSIVE, SOLE, JOINT, CONCURRENT OR COMPARATIVE NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT OF ANY PARTY.
No Special or Consequential Damages. No party shall be liable, and each party hereby agrees to waive and shall not seek the recovery of, any special or consequential damages for the breach or threatened breach of any provision of this Agreement.
No Special or Consequential Damages. CLIENT and CONSULTANT agree that to the fullest extent permitted by law neither party shall be liable to the other for any special, indirect, or consequential damages whatsoever, whether caused by either party's negligence, errors, omissions, strict liability, breach of contract, breach of warranty, or other cause or causes.
No Special or Consequential Damages. The City expressly waives any claims against Metro regarding the Scope of Work under this Agreement. In no event will Metro be liable for and the City specifically releases Metro from any liability for special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwise) under or in respect of this Agreement or for any failure of performance related to the Scope of Work or this Agreement, however caused, whether or not arising from Metro’s sole, joint or concurrent negligence. By: By: Printed: Printed: Title: Title: Date: Date: Project Title: 82nd Avenue Project Development Start Up Tasks Project Purpose: The project will advance work to improve safety, access, transit performance and asset condition on 82nd Avenue. The project outcome will be a project charter and schedule; existing conditions including safety needs; development of a decision making and public involvement strategy; and early work to develop roadway conceptual designs to provide varying degrees of transit priority. Budget: Project managers will agree on the budget allocation before commencing the work. The project has multiple funding sources and the team will work together to ensure this work and other tasks not included in this scope of work are completed as efficiently as possible. Invoices: The City of Portland will submit to Metro on a monthly basis reimbursement invoices detailing with reasonable particularity the work performed under this Agreement. Metro will pay the City the balance due not later than thirty (30) days after receipt of a proper invoice, inclusive of the date the invoice was received. Invoices must be supported by current time sheets, supporting documentation for other costs included in the invoice, and a summary of activities performed for each month, or any other documentation reasonably required by Metro. The Project Managers will review the invoices against the Project budget to provide real time cost tracking and budget management. All invoices must be submitted to Metro at the following address: Metro Accounts Payable 600 N.E. Grand Avenue Portland, OR 97232-2736 or ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The City will proceed with the project as follows: Task Deliverable General Start and End Date
1 Project Initiation August 2021- December 2021
1.1 Integrated work approach – develop an integrated scope of work for the corridor investment including identifying tasks for completion by Metro, TriMet and the City.
1.2...
No Special or Consequential Damages. The City expressly waives any claims against Metro regarding the Scope of Work under this Agreement. Metro’s liability under this Agreement will be limited to payment of the Grant Funds, to the extent that the City has fully and completely complied with all terms and conditions of this Agreement. In no event will Metro be liable for and the City specifically releases Metro from any liability for special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwise) under or in respect of this Agreement or for any failure of performance related to the Scope of Work or this Agreement, however caused, whether or not arising from Metro’s sole, joint or concurrent negligence. By: By: Printed: Printed: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Title: Chief Operating Officer Date: Date: The project will complete Main Street by extending the improvements done with Phase 1 and with the Pacific Highway/Main Street/▇▇▇▇▇▇▇▇▇ Road projects. These improvements include new sidewalks, new asphaltic concrete pavement and low impact development approaches (▇▇▇▇) for stormwater runoff. A mini roundabout will be analyzed for the intersection of Main & Scoffin Streets. If feasible, the mini roundabout will be included in the construction documents and constructed with the project. A structural roadway failure on ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇ at the raised intersection shall be analyzed to determine a remedy, options include dig out and replacement of the areas or a mini roundabout replacement of the intersection. The remediation of the roadway failures will be funded separately. Traffic analysis will include the ingress, egress and turn pocket for the post office. Proposed improvements within the ROW should be included in the construction phase. Additionally, the project will replace the existing storm sewer main, repair or replace portions of the sanitary sewer main, and upgrade water services. The city’s Strategic Plan emphasizes walkability. The design will include improvements to ADA access at street crossings and business accesses. Curb extensions will be considered for improved pedestrian street crossing.
1. Estimated budget at time of award: Total Cost of Project $2,557,810 Metro Award $533,000 The City Match $2,024,810
2. Budget by phase: Preliminary Engineering $706,218 Right-of-Way $167,168 Construction $1,250,000 Contingency $434,424 Preliminary Engineering Metro Award $0 Right-of-Way Metro Award $0 Construction Metro Award $533,000
3. Preliminary...
No Special or Consequential Damages. The County expressly waives any claims against Metro regarding the Scope of Work under this Agreement. In no event will Metro be liable for and the County specifically releases Metro from any liability for special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwise) under or in respect of this Agreement or for any failure of performance related to the Scope of Work or this Agreement, however caused, whether or not arising from Metro’s sole, joint or concurrent negligence. 6 of 21 Revised July 2018 OMA/MB Multnomah Contract: DCS-IGA-R-10906-2019 Page 7 Project Title: NE ▇▇▇▇▇ ▇▇▇▇▇▇ Pedestrian Crossing Feasibility Study Project RTP No. 10394 Estimated budget at time of award: Total Cost of Project: $133,000 Metro Award: $ 70,000 Local: Fairview Contribution: $ 58,000 Local: Multnomah County Contribution (in-kind): $ 5,000 The Project application is attached to the Scope of Work as Attachment 1. The County will proceed with the Project as follows:
1. The County agrees to proceed with the Project as scheduled and submit to Metro the following deliverables in full: Task Deliverable Timeframe of Task (Start and End Mo./Yr.) Estimated Metro Allocation Amount