Laserfiche WebLink
G-70 Limitation of Damages <br /> In the event of a breach of any warranty or any other act or omission under this Contract by <br /> the City, the liability of the City shall be limited to, and Purchaser's exclusive remedy shall <br /> be, a return of the initial deposit, unapplied payments, and credit for unamortized <br /> improvements made by Purchaser. <br /> The City shall not be liable for any other damages, whether direct, incidental or <br /> consequential. <br /> G-80 Statements by City <br /> No advice by any agent, employee, or representative of the City regarding the method <br /> or manner of performing shall constitute a representation or warranty that said method, <br /> manner or result thereof will conform to the Contract or be suitable for Purchaser's <br /> purposes under the Contract. Purchaser's reliance on any City advice regarding the <br /> method or manner of performance shall not relieve Purchaser of any risk or obligation <br /> under the Contract. Purchaser retains the final responsibility for its operations under <br /> this Contract and City shall not be liable for any injuries resulting from Purchaser's <br /> reliance on any City advice regarding the method or manner of performance. <br /> In addition: <br /> a. Nothing in this Contract requires the City to provide the Purchaser with direction or <br /> advice. If a duly authorized representative of the City approves, suggests or <br /> recommends any practice,means,method or manner for performance of this Contract, <br /> including logging practices, such approval, suggestion or recommendation shall not: <br /> (1) guarantee such approval, suggestion or recommendation will accomplish the <br /> requirements of the Contract; (2) relieve the Purchaser of any risks or obligations <br /> under the Contract; or(3) create any liability by the City to the Purchaser. <br /> b. Suggestions as to plans or methods of accomplishing the Contract by the City or the <br /> City's representative to the Purchaser, but not specified or required, if adopted or <br /> followed by the Purchaser in whole or in part, shall be used at the risk and <br /> responsibility of the Purchaser. The City and the City's representative assume no <br /> responsibility therefor and in no way will be held liable for any defects in the work <br /> which may result from or be caused by use of such plan or method or work. <br /> G-91 Sale Area Adjustment <br /> The Parties may agree to adjustments in the sale area boundary. The cumulative changes to <br /> the sale area during the term of the Contract shall not cause an increase or decrease to the <br /> original sale area by more than four percent (4%). Forest Products within any such increase <br /> to the original sale area are sold as a part of this Contract and Purchaser shall pay the City the <br /> fair market value of such Forest Products, as determined by the City. Forest Products within <br /> any such decrease to the original sale area shall be deemed removed from this Contract and <br /> the Purchaser shall not pay the City for such Forest Products. <br /> Page 8 of 34 <br /> 4/15/21 Agreement No.2021-01 <br />