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indemnification or under statute shall be limited to direct damages which shall not exceed (i) the
<br />Contract Price or (it) in the case of bodily injury, personal injury or property damage for which
<br />defense and indemnity coverage is provided by TriTech's insurance carrier, the coverage limits of
<br />such insurance.
<br />16.3 Except for actions for copyright, trade secret, or trademark infringement, no
<br />arbitration, action or proceeding arising out of any claimed breach of this Agreement or transaction
<br />may be brought by either party more than four (4) years after the cause of action has accrued,
<br />16.4 Client shall indemnify and hold TriTech harmless from any and all claims, lawsuits
<br />or liability, including attorneys' fees and costs, allegedly arising out of, in connection with, or
<br />incident to any loss, damage or injury to persons or property or arising from a wrongful or negligent
<br />act, error or omission of Client's or, its employees, agents, contractors, or any subcontractor's as
<br />a result of the use or misuse of the TriTech Software; however, Client shall not be required to
<br />indemnify TriTech for any claims or actions caused to the extent of the negligence or wrongful act
<br />of TriTech, its employees, agents, or contractors. Notwithstanding anything to the contrary in the
<br />foregoing, if a claim, lawsuit or liability results from or is contributed to by the actions or omissions
<br />of TriTech, or its employees, agents, contractors, or subcontractors, Client's obligations under this
<br />provision shall be reduced to the extent of such actions or omissions based upon the principle of
<br />comparative fault.
<br />16.5 IN NO EVENT SHALL EITHER PARTY OR ITS SUBCONTRACTORS OR
<br />SUPPLIERS BE LIABLE WHETHER IN CONTRACT OR IN TORT FOR LOST
<br />PROFITS, LOST SAVINGS, OR ANY OTHER CONSEQUENTIAL OR INCIDENTAL
<br />DAMAGES ARISING OUT OF, OR OTHERWISE RELATED TO THIS AGREEMENT,
<br />REGARDLESS OF WHETHER A PARTY HAS NOTICE OF THE POSSIBILITY OF
<br />ANY SUCH LOSS OR DAMAGE.
<br />17.0 INSURANCE
<br />17.1 Beginning at the start of TriTech's performance under this Agreement, and ending
<br />when TriTech is no longer providing to Client annual Software Support, TriTech shall maintain in
<br />force policies of insurance as follows:
<br />17.1.1. Commercial General Liability Insurance. TriTech shall maintain
<br />commercial general liability insurance naming Client, its officers, employees, agents, volunteers
<br />and representatives as additional insured(s) and shall include, but not be limited to protection
<br />against claims arising from bodily and personal injury, including death resulting therefrom and
<br />damage to property, resulting from any act or occurrence arising out of TriTech's operations in the
<br />performance of this Agreement, including, without limitation, acts involving vehicles. The
<br />amounts of insurance shall be not less than the following: single limit coverage applying to bodily
<br />and personal injury, including death resulting therefrom, and property damage, in the total amount
<br />of $2,000,000 per occurrence, with $3,000,000 in the aggregate which can be reflected by way of
<br />umbrella coverage, Such insurance shall (a) name Client, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s); (b) be, primary and not contributory with
<br />respect to insurance or self- insurance programs maintained by Client; and (c) contain standard
<br />Seats, Ana System Purchase and Support Agreement
<br />Copyright © 2015 TriTech Software Systems
<br />Unpubtlshed: Rights reserved under the copyright laws of the United States
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