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ARTICLE V
<br />INDEMNITY
<br />5.1 Indemni
<br />The Organization shall indcaurify and save harmless the Consultant, its
<br />successors and assigns together with its officers, directors, employees, agents and those for
<br />whom it is in law responsible, only from and against any and all liabilities, damages, costs,
<br />expenses, carries of action, claims, suits, proceedings and judgments (collectively "Claims ")
<br />which they may incur or suffer or be put to by reason of or in connection with or arising from
<br />any breach, violation or non - performance by the Organization of any obligation contained in this
<br />Agreement to be observed or performed by the Organization, or any wrongful act or negligence
<br />of the Organization or its agents or employees which relates to this Agreement, howsoever
<br />arising. The Organization acknowledges and agrees that this indemnity shall survive any
<br />termination of this Agreement.
<br />The Consultant shall indemnify and save harmless the Organization, its successors and
<br />assigns together with its officers, directors, employees, agents and those t.`or whom it is in law
<br />responsible, from and against any and all liabilities, damages, costs, expenses, causes of action,
<br />claims, suits, proceedings and judgments (collectively "Claims ") which they may incur or suffer
<br />or be put to by reason of or in connection with or arising directly from any material breach or
<br />non- performance by the Consultant of any obligation contained in this Agreement to be observed
<br />or performed by the Consultant, or any negligence of the Consultant or its agents or employees
<br />which relates to this Agreement, howsoever arising. Consultant shall not be responsible for any
<br />Claims resulting, in whole or in part, from the acts or omissions of Organization, its employees,
<br />consultants or agents or any third party.
<br />ARTICLE VI
<br />!GENERAL
<br />6.1 Force Ma eure
<br />Neither party shall be liable for delay or failure in performance resulting from acts
<br />beyond the control of such party including, but not limited to, acts of God, acts of war or of the
<br />public enemy, riots, fire, flood, or other natural disaster, acts of government, strike, walkout,
<br />communication line or power failure, failure in operability or destruction of the Organization's
<br />computer (unless by reason of the negligence of a party to this Agreement) or failure or
<br />inoperability of any software other than the Software. Any applicable delivery schedule shall be
<br />extended by a period of time equal to the time lost because of any such delay.
<br />6.2 Confirlengality
<br />(a) Duty wed to the Organization -- The Consultant acknowledges that it may
<br />receive information from the Organization or otherwise in connection with this
<br />Agreement. Except for information in the public domain, unless such information
<br />falls into the public domain by disclosure or other acts of the Organization or
<br />through the fault of the Organization, the Consultant agrees:
<br />(i) to maintain this information in confidence;
<br />25E -11
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