Common use of Remedies; General Clause in Contracts

Remedies; General. Mention in this Agreement of any particular remedy of a party in respect of a default by the other party does not preclude the first party from any other remedy in respect thereof, whether available at law or in equity or by statue or expressly provided for in this Agreement. No remedy shall be exclusive or dependent upon any other remedy, but a party may from time to time exercise any one or more of such remedies generally or in combination, such remedies being cumulative and not alternative. Notwithstanding any contrary provision of this Agreement, the Member shall not be liable in contract or tort (including without limitation for its own negligence) for any indirect, special, incidental or consequential damages caused by or resulting from its performance or failure to perform this Agreement, including by way of illustration and not of limitation, loss of use, down time or loss of profits, and such limitation on damages shall survive failure of an exclusive remedy.

Remedies; General. Mention in this Agreement of any particular remedy of a party Party in respect of a default by the other party Party does not preclude the first party Party from any other remedy in respect thereof, whether available at law or in equity or by statue or expressly provided for in this Agreement. No remedy shall be exclusive or dependent upon any other remedy, but a party may from time to time exercise any one or more of such remedies generally or in combination, such remedies being cumulative and not alternative. Notwithstanding any contrary provision provisions of this Agreement, the Member a Municipality shall not be liable in contract or tort (including without limitation for its own negligence) for any indirect, special, incidental or consequential damages caused by or resulting from its performance or failure to perform this Agreement, including by way of illustration and not of limitation, loss of or use, down time or loss of profits, and such limitation limitations on damages shall survive failure of an any exclusive remedy.