Res 1986-081 - Laserfiche WebLink

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8. REMEDIES AND DAMAGES LIMITA'fION CPS shall not be liable for any loss of profits, loss of use, or indirect, special, incidental or consequential damages of any kind in connection with or arising out of failure to furnish or furnishing of services~ equipment, or materials or the per formance or maintenance under this Agreement, whether alleged as a breach of any provisions of this Agreement, or ",hether alleged. in connection with tortious conduct. No obligation or liability shall arise or flow out of CPSI rendering technical or other advice in connection with service, equipment Dr materials. CPS¡ maximum liability regardless of the form of action taken shall not in any event exceed the maintenance charges paid. 9. CONTINGENCIES CPS is excused from performance and shall not be liable tor any delay, in whole or in part, caused by the occurrence of any continçencybeyond the reasonable control either of CPS or its subcontractors or suppliers~ These contingencies include, without limitation, war, sabotage, insurrection, riot or other act of civil disobedience, act of public enemy; failure or delay in transportation, act of any government or any agency or subdivision thereotatfecting the terms of the Agreement or otherwise; judicial action, labor dispute; accident, fire, explosion, flood, severe weather, or other act of God; shortage of labor, fuel, raw material or machinery; or technical or yield failure. 10. 'rERMINATION Ei ther party may terminate this Agreemen t ln accordance with the provisions of Paragraph 2 at the end of the ini tial one (1) year period or at any time thereafter by giving the other at least thirty (30) days advance written notice. Either party may, by giving notice, immediately cancel this Agreement tor failure of the other to comply with any of its terms and conditions. This Agreement shall automatically be cancelled if Customer becomes insolvent or makes an assignment for the benefit of creditors, or if any insolvency prDceeding is initiated by or against it. All unpaid charges accrued under this Agreement shall become immediately due and payable upon the happening of such event of termination or cancellation. 11. ASSIGNMENT AND SUBCONTRACTING This Agreement may not be assigned by the Customer without the prior written consent of CPS. CPS shall have the right to subcontract all or part of its performance, provided that CPS shall remain primarily liable for any such subcontractor's performance to the same extent as ìf CPS were performing the work.