Indemnification and Liability Limitation. Except as otherwise provided, the parties shall indemnify, and defend, the other party and its affiliates, successors and assigns (and its and their officers, directors, employees, customers and agents) from and against any and all claims, losses, liabilities, damages, settlements, expenses and costs (including, without limitation, attorneys' fees and court costs) which arise out of or relate to (a) any breach of this Agreement; or (b) any third party claim related to the actions or inactions of the other party. In no event shall MO be liable under any legal theory for any special, indirect, consequential, exemplary or incidental damages, however caused, arising out of or relating to this Agreement, even if MO has been advised of the possibility of such damages. In addition, in no event shall MO's aggregate liability arising out of or relating to this Agreement (regardless of the form of action giving rise to such liability, whether in contract, tort, indemnification, or otherwise) exceed the fees paid by the Client to MO for the prior (12) months. During the term of this agreement, MO shall maintain $1,000,000 in coverage per occurrence for general liability and professional liability.
Appears in 4 contracts
Samples: Orientation and Mobility Services Agreement, Orientation and Mobility Services Agreement, Orientation and Mobility Services Agreement
