12-19-2019
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12-19-2019
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<br />Page 14 of 25 <br />employees shall not exceed the total amount, individually, collectively or in the aggregate <br />shall not exceed the amount of one million dollars ($1,000,000). This Section takes <br />precedence over any conflicting Section of this Agreement or any document incorporated <br />into it or referenced by it. This limitation of liability will apply whether Consultant’s <br />liability arises under breach of contract or warranty; tort, including negligence, strict <br />liability, statutory liability, or any other cause of action, and shall include Consultant’s <br />officers, affiliated corporations, employees, and subcontractors. The Owner further <br />agrees that its sole and exclusive remedy, and any claim, demand or suit arising from or <br />related to the services under this Agreement shall be directed and/or asserted only against <br />Consultant and not against any of Consultant’s individual employees, officers, <br />shareholders, affiliated firms or directors. The Owner knowingly waives all such claims <br />against Consultant’s individual employees, officers, shareholders, directors in their <br />individual capacity or any affiliated companies to Consultant. <br /> <br />30. BREACH AND REMEDIES. <br /> <br />A. A breach exists under this Agreement if either party: <br /> <br />(1) Makes a material misrepresentation in writing; or <br /> <br />(2) Fails or is unable to meet or perform any material promise in this Agreement, <br />and <br /> <br />(a) Is incapable of curing the failure, or <br /> <br />(b) Does not cure the failure within twenty (20) days following notice (or <br />within a longer period if specified in the notice). <br /> <br />B. Each party agrees to and must give the other party notice immediately if they <br />reasonably believe that they have breached this Agreement, or if a third party claim or <br />dispute is brought or threatened that alleges facts that would constitute a breach under <br />this Agreement. <br /> <br />C. The parties will use their Best Efforts to resolve amicably any dispute, including use <br />of alternative dispute resolution options. <br /> <br />D. All remedies provided for in this Agreement may be exercised individually or in <br />combination with any other available remedy. <br /> <br />31. TERMINATION. <br /> <br />A. Either party may terminate this Agreement, in whole or in part, for cause if either <br />party fails substantially to perform, through no fault of the other, and does not <br />commence correction of such nonperformance within twenty (20) days of written <br />notice from the other party and diligently complete the correction thereafter. <br />
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