Risk Allocations. In recognition of the relative risks, rewards and benefits of the project to both the client and Sternco Engineers, Inc., the risks have been allocated such that the client agrees that to the fullest extent permitted by the law, Sternco Engineers, Inc. total liability to the client for any and all injuries, claims, losses, expense, damages or claim expenses whatsoever arising out of this agreement from any cause or causes whatsoever, shall not exceed two times Sternco Engineers, Inc. actual fee or $50,000, whichever sum is less. Such causes include, but are not limited to, Sternco Engineers, Inc. negligence, errors, omissions, strict liability, breach of contract, or breach of any warranty. Termination of Services: This agreement may be terminated by the client or Sternco Engineers, Inc. should the other fail to timely perform its obligations hereunder. Prior to termination of this agreement, the non-breaching party shall provide 5 days advance written notice to the breaching party specifying the breach and that the agreement shall terminate if the breach is not completely corrected within 5 days. In the event of termination, the client shall pay the firm for all services rendered to the date of termination, al reimbursable expenses and reimbursable termination expenses.
Risk Allocations. In recognition of the relative risks, rewards and benefits of the project to both the Client and IALPE, the risks have been allocated so that the Client agrees that, to the fullest extent permitted by law, IALPE's total liability to the Client, for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement, from any cause or causes shall not exceed the total amount of $100,000, or other amount agreed upon when added under special conditions. Such causes include, but are not limited to, IALPE's negligence, errors, omissions, strict liability, breach of contract or breach of warranty.
Risk Allocations. (a) Southern Mutual will be responsible for accuracy and entry of all Input Data and Form Data. Southern Mutual will ensure that all its access control representatives and authorized users do not use the IT System or any Data held on the IT System (i) for any unlawful purpose, (ii) in any manner that may cause harm to the IT System or any data residing on the IT System, (iii) to provide services for any other business (whether for a fee or not) as a service bureau or otherwise or (iv) for any purpose other than to operate the Applications for Southern Mutual.
Risk Allocations. In recognition of the relative risks, rewards and benefits of the project to both the Client and the GER, the risks have been allocated so that the Client agrees that, to the fullest extent permitted by law, the GER’s total liability to the Client, for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement, from any cause or causes, shall not exceed the total amount of $50,000, the amount of the GER’s fee (whichever is greater) or other amount agreed upon when added under special conditions. Such causes, include, but are not limited to the GER’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty.
