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<br />13.LIMITS OF LIABILITY
<br />EXCEPT ONLY AS MAY BE EXPRESSLY SET FORTH HEREIN,CONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL
<br />WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION ANY
<br />WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,ERROR-FREE OPERATION,
<br />PERFORMANCE,ACCURACY,OR NON-INFRINGEMENT.EXCEPT TO THE EXTENT ARISING FROM
<br />MUNICIPALITY’S PAYMENT OBLIGATIONS FOR SERVICES,IN NO EVENT SHALL CONSULTANT OR
<br />MUNICIPALITY BE LIABLE TO ONE ANOTHER FOR INDIRECT,INCIDENTAL,CONSEQUENTIAL,RELIANCE,
<br />EXEMPLARY,OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION,DAMAGES FOR LOST PROFITS,LOST
<br />REVENUES.LOST DATA OR OTHER INFORMATION,OR LOST BUSINESS OPPORTUNITY,REGARDLESS OF THE
<br />FORM OF ACTION,WHETHER IN CONTRACT,INDEMNITY,NEGLIGENCE,WARRANTY,STRICT LIABILITY,OR
<br />TORT,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
<br />ESSENTIAL PURPOSE OF ANY REMAINING REMEDY.EXCEPT WITH RESPECT TO PAYMENT OBLIGATIONS FOR
<br />SERVICES,IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS AGREEMENT
<br />FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION,WHETHER IN
<br />CONTRACT,TORT OR UNDER ANY OTHER LEGAL THEORY,AND WHETHER ARISING BY NEGLIGENCE,
<br />INTENTIONAL CONDUCT,OR OTHERWISE)EXCEED THE GREATER OF THE AMOUNT OF FEES PAID TO CONSULTANT
<br />PURSUANT TO THIS AGREEMENT OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE
<br />MUNICIPAL MAXIMUM LIABILITY TO THE SAME EXTENT AS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE
<br />THE POLICIES).
<br />14.INSURANCE
<br />A.Consultant shall procure and maintain and shall cause any subcontractor of Consultant to procure
<br />and maintain,the minimum insurance coverages listed below throughout the term of this
<br />Agreement.Such coverages shall be procured and maintained with forms and insurers acceptable
<br />to Municipality.In the case of any claims-made policy,the necessary retroactive dates and
<br />extended reporting periods shall be procured to maintain such continuous coverage.
<br />B.Worker's compensation insurance to cover obligations imposed by applicable law for any employee
<br />engaged in the performance of work under this Agreement,and Employer's Liability insurance with
<br />minimum limits of one million dollars ($1,000,000)bodily injury each accident,one million dollars
<br />($1,000,000)bodily injury by disease –policy limit,and one million dollars ($1,000,000)bodily
<br />injury by disease – each employee.
<br />C.Commercial general liability insurance with minimum combined single limits of one million dollars
<br />($1,000,000)each occurrence and two million dollars ($2,000,000)general aggregate.The policy
<br />shall be applicable to all premises and operations.The policy shall include coverage for bodily
<br />injury,broad form property damage,personal injury (including coverage for contractual and
<br />employee acts),blanket contractual,independent Consultant’s,and products.The policy shall
<br />contain a severability of interest provision and shall be endorsed to include Municipality and
<br />Municipality’s officers, employees, and consultants as additional insureds.
<br />D.Professional liability insurance with minimum limits of one million dollars ($1,000,000)each claim
<br />and two million dollars ($2,000,000) general aggregate.
<br />E.Automobile Liability: If performance of this Agreement requires use of motor vehicles licensed for
<br />highway use, Automobile Liability Coverage is required that shall cover all owned, non-owned, and
<br />hired automobiles with a limit of not less than $1,000,000 combined single limit each accident.
<br />F.Municipality shall be named as an additional insured on Consultant’s insurance coverage.
<br />G.Prior to commencement of Services,Consultant shall submit certificates of insurance acceptable to
<br />Municipality.
<br />15.THIRD PARTY RELIANCE
<br />This Agreement is intended for the mutual benefit of Parties hereto and no third-party rights are intended or
<br />implied.
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