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2022-111 Resolution
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2022-111 Resolution
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Last modified
12/8/2022 11:58:26 AM
Creation date
12/8/2022 11:47:38 AM
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North Olmsted Legislation
Legislation Number
2022-111
Legislation Date
12/6/2022
Year
2022
Legislation Title
Pradco Contract
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5 LIMITS OF LIABILITY_ COMPANY S TOTAL LIABILITY AND CLIENT'S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM <br />OF ANY TYPE WHATSOVER, PERTAINING TO SERVICES HEREUNDER OR ARISING OUT OF OR IN CONNECTION WITH <br />THIS AGREEMENT, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY COMPANY SOLE NEGLIGENCE IN <br />AN AMOUNT NOT TO EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY CLIENT DURING THE ONE (t) YEAR PERIOD <br />PRECEDING THE DATE THE CAUSE OF ACTION GIVING RISE TO THE LIABILITY AROSE_ IN NO EVENT SHALL COMPANY <br />BE LIABLE IN CONTRACT LAW, TORT OR ANY OTHER THEORY OF LAW, FOR ANY INDIRECT, PUNITIVE, SPECIAL, <br />INCIDENTAL, EXEMPLARY, EXTRA CONTRACTURAL, OR COTSEQUENTIAL DAMAGES. <br />b Survival_ The provisions of Sections 3 and 5 hereof shall survive any termination of this Agreement. <br />7 Governing Law_ This Agreement shall more to the benefic of and be binding upon the parties hereto, their respective <br />transferees, representatives, successors, heirsassigns and affiliates and shall be governed by and construed in <br />accordance with the laws of the State of Ohio. The parries agree that the venue and jurisdiction fnr any axion based <br />on this Agreement shall he Cuyahoga County, Ohio. <br />R Entre Agreement. The unde,igned acknowledge thar this Agreement corsrinn es the ertire agreement and <br />understanding between the psmes, That it supersedes all prior and cortemporaneous agreemenrs and unde,- <br />standings between the parties, both oral and written <br />PRADCO <br />Assessment & Consulting Proposal for City of NortF Olmsted <br />
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