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� 12 INDEMNITY
<br /> 12.1 CONSiJLTANT agrees to indemnify CLIENT, its officers, directors and employees, from loss or
<br /> damage for bodily injury or property damage, ("Claims"), to the extent caused by the negligence or willful
<br /> misconduct of CONSLTLTANT in the performance of the Services. This obligation to indemnify CLIENT
<br /> shall not impose any obligation on CONSLTLTANT that exceeds the Limitation of Liability provisions set
<br /> forth below. �,
<br /> 12.2 IN NO EVENT SHALL CONSULTANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, I
<br /> SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO
<br /> LOST PROFITS OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR RELATED TO THE
<br /> SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBII.ITY OF
<br /> SUCH DAMAGES.
<br /> 13 LIMITATION OF LIABILITY
<br /> 13.1 TO THE FULLEST EXTENT PERMITTED BY LAW, CONSULTANT'S (INCLUDING ANY OF
<br /> ITS RELATED OR AFFILIATED COMPANIES) TOTAL LIABILITY TO CLIENT FOR ALL CLAIMS,
<br /> LOSSES, DAMAGES, AND EXPENSES, WHETHER ARISING UNDER BREACH OF CONTRACT OR
<br /> WARRANTY, TORT (INCLUDING NEGLIGENCE), INDEMNITY, STRICT LIABILITY OR ANY
<br /> OTHER BASIS OF LEGAL LIABILTTY, RESULTING IN ANY WAY FROM THE PERFORMANCE OR
<br /> NON-PERFORMANCE OF THE SERVICES SHALL NOT EXCEED TWO MILLION DOLLARS
<br /> ($2,000,000).
<br /> 14 PREEXISTING CONDITIONS
<br /> 14.1 CLIENT hereby understands and agrees that CONSLTLTANT has not created nor contributed to the
<br /> creation or existence of any hazardous or toxic substances, wastes or materials ("Hazardous Substances") at
<br /> or related to the Project site or in connection with or related to this Agreement. The compensation to be
<br /> paid CONSULTANT for the Services is in no way commensurate with, and has not been calculated with
<br /> reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property
<br /> to such Hazardous Substances. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend,
<br /> indemnify, and hold CONSiJLTANT, its officers, directors, employees, and consultants, harmless from and
<br /> against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including but
<br /> not limited to attorney's fees and court costs, arising out of, or resulting from the threatened or actual release
<br /> of Hazardous Substances ("Release"), except to the extent that such Release is caused by the negligence or
<br /> willful misconduct of CONSULTANT. Nothing contained within this Agreement shall be construed or
<br /> interpreted as requiring CONSULTANT to assume the status of a generator, arranger, transporter or as a
<br /> storage,treatment or disposal facility as those terms appear within applicable Law.
<br /> 15 SOFTWARE
<br /> 15.1 CONSULTANT, as part of the Services, may furnish, recommend, ar identify to CLIENT certain
<br /> third party software. As CONSLTLTANT is not the author, manufacture, or developer of such software,
<br /> CONSiJLTANT does not give any warranty, express or implied of third party software, and shall not be
<br /> liable for any defects in such software but will pass the manufacturer's warranty to the CLIENT.
<br /> 15.2 CONSiJLTANT warrants that as to Software developed under this Agreement that: (i) the Software
<br /> will perform substantially in accordance with written materials provided with the software for a period of
<br /> 180 days from the date that it is received by CLIENT; and (ii) the media on which the Software is
<br /> distributed shall be free from defects in materials and workmanship for a period of 180 days from the date
<br /> that it is received by the CLIENT. CONSULTANT's entire liability and CLIENT'S exclusive remedy under
<br /> 6
<br /> Consulting Services(CPFF)(Rev. 1-14-2003)
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