Laserfiche WebLink
OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH <br /> DAMAGES . <br /> ( iii ) CLAUSES (i) AND (ii ) SHALL APPLY IN RESPECT OF ANY CLAIM , <br /> DEMAND OR ACTION BY A PARTY IRRESPECTIVE OF THE <br /> NATURE OF THE CAUSE OF ACTION UNDERLYING SUCH <br /> CLAIM , DEMAND OR ACTION , INCLUDING , BUT NOT LIMITED <br /> TO , BREACH OF CONTRACT OR TORT . <br /> 6 . 2 Intent <br /> The parties hereby confirm that the waivers and disclaimers of liability, releases <br /> from liability, limitations and apportionments of liability, and exclusive remedy provisions <br /> expressed throughout this Agreement shall apply even in the event of default, negligence (in <br /> whole or in part) , strict liability or breach of contract of the person released or whose liability is <br /> waived , disclaimed, limited, apportioned or fixed by such remedy provision, and shall extend to <br /> such person ' s affiliates and to its shareholders , directors , officers , employees and affiliates . <br /> 6 . 3 Remedies <br /> Where remedies are expressly afforded by this Agreement, such remedies are <br /> intended by the parties to be the sole and exclusive remedies of the Organization for liabilities of <br /> the Consultant arising out of or in connection with this Agreement, notwithstanding any remedy <br /> otherwise available at law or in equity. <br /> ARTICLE VII <br /> INDEMNITY <br /> 7 . 1 Indemnity <br /> GO The Consultant agrees to indemnify, defend and hold harmless the Organization <br /> and its officers , , employees , agents , successors, and assigns from any and all <br /> losses , liabilities, damages and claims (including taxes) , and all related costs and <br /> expenses (including reasonable legal fees and disbursements and costs of <br /> investigation, litigation, settlement , judgment, interest and penalties) (collectively, <br /> " Losses") and threatened Losses due to third party claims arising from or in <br /> connection with any of the following : ( 1 ) the Consultant ' s breach of any of the <br /> representations and warranties set forth in this Agreement ; (2 ) the Consultant ' s <br /> breach of its obligations with respect to the Organization' s Confidential <br /> Information ; ( 3 ) Infringement or alleged Infringement of a patent, trade secret , <br /> copyright or other proprietary rights in contravention of the Consultant ' s <br /> representations and warranties contained in this Agreement ; and (4) claims by <br /> government regulators or agencies for fines , penalties, sanctions or other remedies <br /> arising from or in connection with the Consultant ' s failure to perform its <br /> responsibilities under this Agreement . <br /> 17 <br />