Term and conditions
Limitation of Liability.
As part of the consideration PWEI requires for the provision of services under this Agreement, Client and PWEI agree, notwithstanding anything to the contrary contained in this Agreement:
A. IN ANY EVENT, PWEI’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, DAMAGES, INJURIES, LOSSES (INCLUDING REASONABLE LAWYER’S FEES AND LEGAL COSTS) AND OTHER LIABILITIES OF ANY KIND (TOGETHER, “EXPOSURES”) IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE ARISING BY REASON OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE MAXIMUM OF THE FEE PAID TO
B. IN NO CIRCUMSTANCES SHALL PWEI BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE, WHETHER FORESEEABLE OR NOT, AND WHATEVER THE CAUSE THEREOF: (I) FOR ANY INCREASED COSTS OR EXPENSES, (II) FOR ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE, ANTICIPATED SAVINGS, USE, OPPORTUNITY, GOODWILL, OR CAPITAL, OR (III) FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGE OF ANY NATURE WHATSOEVER.
C. UNLESS A SHORTER OR LONGER PERIOD IS MANDATED BY THE GOVERNING LAW ESTABLISHED PURSUANT TO Ontario OF THE AGREEMENT TO WHICH THIS CONDITION OF CONTRACT IS ATTACHED, NO ACTION MAY BE COMMENCED BY CLIENT IN CONNECTION WITH THIS AGREEMENT MORE THAN ONE YEAR AFTER THE DATE THE LAST OF THE SERVICES ARE PERFORMED, ABANDONED OR TERMINATED
D. CLIENT AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD PWEI HARMLESS FROM AND AGAINST ANY EXPOSURES ARISING BY REASON OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT THAT SUCH EXPOSURES (I) ARE IN EXCESS OF THE LIABILITY ASSUMED BY PWEI IN PARAGRAPH A, (II) ARE EXCLUDED IN PARAGRAPH B, OR (III) RELATE TO CLAIMS THAT WERE NOT COMMENCED WITHIN THE TIME REQUIRED BY PARAGRAPH
CONDITIONS OF CONTRACT:
- ProWise will provide engineering services in accordance with the Performance Guidelines for Professional Engineering Services published by Professional Engineers Ontario, and applicable codes and by-laws, for the scope described in the Proposed Scope of
- ProWise Engineering Inc retains the right to collect all legal fees and associated costs in the event legal action is required to collect monies
- If the project is abandoned or delayed for any reason, the Client shall pay for services rendered to that
- The client agrees to pay the fee for collecting services (Dixon Commercial Investigators (1982) Inc. if the account is overdue.
- ProWise’s liability to the Client is limited to the professional liability insurance provided by KASE insurance company and any specific or excess professional liability insurance coverage in force. The current coverage is up to five million.