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r • • . <br /> (b)� The only obligation of ORTECH and its employas is to meet normal professonal standards in activities contemplated <br /> ' ' by clausa l2 and l4(b)and in prwiding services.Apart from such obligadon there is no reprcsentation,collateral <br /> condition. warranty,guarantee or other obligaaon(statutory or otherwise)madq given or assumed by ORTECH <br /> or its employees. acpressed or implied,arising out of the Pmposal, its aoceptance, this Agreement� the provision <br /> of xrvices, such activities or the relationship betwern the Client.ORTECH and its employees in respect thereof. <br /> The cumulative tiability of ORTECH ard its employees to the Client for all types of damages which the Client incurs <br /> or suffers(which are collectively referred to as the"Client's Damages"and include without limitation any expenses, . <br /> losses,costs,loss of use, profits and rcputation.and liability to ahers)as a rault of any and all breaches of the <br /> foregoing obGgation whenever and howsoever arising(including without limitation deFecti�e services, advice and <br /> products), however serious and whether or not rcsulting from negligence, shall be limited in the aggregate to the <br /> lesser of the amount paid by the Client to ORIECH under this Agreemrnt or the actual amount of the Client's <br /> Damages . <br /> (c) No overlooking of airy non-compliana with a provision of this Agreement or with any other obligation between <br /> the parties�and no failure to seek any rcmedy a exercise any right.shall constitute a vraiver of that or any subse- <br /> quent such non-compliance or a waiver or relinquishmcnt of that or any other remedy or right.whether or not in <br /> respect of the sartx provision or obligation,or shall adversely affect the enforceability of any such provision or obliga- <br /> tioa No waiver of any such non-compliance constituta a waiver of arry provision or obligation except in respect <br /> of the particular non-compliance giving rise to such waiNer, and unless in writing. <br /> Notice <br /> 16. Notia is sufficiently given if it is maited. postage prcpaid and rcgistered,addressed: <br /> (a) in the case of OR'IECH� to ' <br /> The Secretary, <br /> ORTECH Internauonal <br /> 2395 Speakman Drive <br /> M[SSISSAUGA,Ontario LSK 183 . <br /> • (b) and. in the case of the Client. to <br /> City Manager <br /> City of Decatur, Illinois <br /> No. 1 Civic Center Plaza <br /> Decatur, Illinois 62523 <br /> or if it is so addrased and deliverod to that addrcss. <br /> IN WI'fNESS WHEREOF the paroes have executed this Agrament. <br /> • ORTECH Corpora e � <br /> �;� / <br /> �� 1 <br /> :' <br /> , <br /> � ���� <br /> � Br� <br /> Br: <br /> CITY OF DE , LINOIS <br /> . B . - <br /> �MA R � - <br /> /(� L ,C �" �. % � <br /> ��C' TY CLERK - <br /> , <br /> � <br /> �..or�a 4 <br />� <br />