Common use of Warranty and Remedy Clause in Contracts

Warranty and Remedy. ARRO warrants that it shall exert the degree of care and skill in the performance of its services normally exercised by similar professionals under similar circumstances. This warranty is in lieu of and excludes all other warranties whether express or implied, by operation of law or otherwise, including any warranty of fitness for particular purpose. ARRO’s liability to the Client for losses, injuries, damages or expenses arising from ARRO’s services under this Agreement and which are covered by ARRO’s liability insurances shall be limited to the then remaining limits of ARRO’s applicable liability insurance coverage(s). For any other losses, injuries, damages or expenses arising from XXXX’s services, Client agrees that XXXX’s total aggregate liability therefore shall not exceed the amount of ARRO’s service revenue under this Agreement. In addition, the Client agrees to extend any and all liability limitations and indemnifications provided by the Client to ARRO to those individuals and entities ARRO retains for performance of the services under this Agreement, including ARRO’s subconsultants and their assigns.

Appears in 10 contracts

Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement

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Warranty and Remedy. ARRO warrants that it shall exert the degree of care and skill in the performance of its services normally exercised by similar professionals under similar circumstances. This warranty is in lieu of and excludes all other warranties whether express or implied, by operation of law or otherwise, including any warranty of fitness for particular purpose. ARRO’s liability to the Client for losses, injuries, damages or expenses arising from ARRO’s services under this Agreement and which are covered by ARRO’s liability insurances shall be limited to the then remaining limits of ARRO’s applicable liability insurance coverage(s). For any other losses, injuries, damages or expenses arising from XXXXARRO’s services, Client agrees that XXXXARRO’s total aggregate liability therefore shall not exceed the amount of ARRO’s service revenue under this Agreement. In addition, the Client agrees to extend any and all liability limitations and indemnifications provided by the Client to ARRO to those individuals and entities ARRO retains for performance of the services under this Agreement, including ARRO’s subconsultants and their assigns.

Appears in 3 contracts

Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement

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