2025-069 - Laserfiche WebLink

Home Browse Search

CMTA Building Science Leadership such claim. The indemnified party shall have the right, at its option and expense, to participate in the defense of any action, suit or proceeding relating to such a claim through a counsel of its own choosing. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of CMTA and CLIENT, they shall be borne by each party in proportion to its negligence. PURSUANT TO FLORIDA STATUTE § 558.035, AN INDIVIDUAL EMPLOYEE OR AGENT OF CMTA, MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF PROFESSIONAL SERVICES RENDERED UNDER THIS PROFESSIONAL SERVICES CONTRACT. Term: Unless sooner terminated or extended as provided herein, this Agreement shall remain in full force and effect. Either party may terminate this Agreement at any time by giving seven (7) days written notice of such termination to the other party. Upon such termination of this Agreement, CLIENT shall pay and reimburse CMTA for services rendered and costs incurred by CMTA prior to the effective date of termination. The rights and obligations of the parties under this Agreement shall survive termination of this Agreement for any reason. Precedence: These General Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding CMTA services, including without limitation the Agreement for Services and the Proposal. The Agreement of Services shall take precedence over the Proposal. Fee Schedule: Where lump sum fees have been agreed to between the parties, they shall be so designated in the Agreement attached hereto and by reference made a part hereof. Where fees are based upon hourly charges for services and costs incurred by CMTA they shall be based upon the hourly fee schedule annually adopted by CMTA Limitation of Remedies, Liability and Damages: CLIENT's sole and exclusive remedy in the event of a claim arising out of, resulting from or in connection with this Agreement shall be for CMTA to repair, replace or otherwise correct the breach. Other than CLIENT's obligations to make payments that are due and owing under this Agreement, a party's and its affiliates' entire and collective liability arising out of or relating to this Agreement, including without limitation on account of performance or nonperformance of obligations hereunder, regardless of the form of the cause of action, whether in contract, tort (including, without limitation, negligence), statute or otherwise, shall in no event exceed the amounts paid or payable to CMTA under this Agreement. NEITHER PARTY NOR ITS AFFILIATES SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY CMTA Maitland Office 600 South Maitland Avenue ! Maitland, FL 132751 MEP Engineering I Performance Contracting I Zero Energy Engineering I Technology I Commis;iomin