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Software Agreement - Aquitas Solutions Inc - Maximo 7.6 MaaS Migration
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Software Agreement - Aquitas Solutions Inc - Maximo 7.6 MaaS Migration
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4/2/2025 10:10:39 AM
Creation date
3/14/2018 11:01:26 AM
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Board of Public Works
Document Type
Contracts
Document Date
3/13/2018
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5.3 Disclaimer <br />EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, AQUITAS MAKES NO WARRANTY, EXPRESS OR <br />IMPLIED, REGARDING ANY MATTER WHATSOEVER. AQUITAS SPECIFICALLY DISCLAIMS ALL IMPLIED <br />WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY OF DATA, MERCHANTABILITY, AND FITNESS, FOR <br />A PARTICULAR PURPOSE, AND ANY IMPLIED, WARRANTY ARISING FROM A COURSE OF DEALING OR <br />PERFORMANCE OR USAGE OF TRADE. <br />6.1 Insurance <br />Aquitas shall provide the following minimum insurance coverage: <br />6.1.1 Commercial General Liability <br />$1,0001,000 per occurrence and $2,000,000 aggregate <br />6.1.2 Automobile Liability <br />$1,000,000 combined single limit each accident <br />6.1.3 Worker's Compensation and Employer's, Liability <br />$2,000,000 bodily injury each accident; $2,000,000 bodily injury by disease each employee; <br />$2,000,000 bodily injury by disease policy limit <br />6.1.4 Excess Umbrella Liability <br />$5,0010,000 per occurrence and $5,000,000 aggregate <br />6.1.5 Professional Liability <br />$3,000,000 per occurrence and $3,000,0010 aggregate <br />Except as provided in Paragraph 0 below, in the event Aquitas is or becomes liable to the City for <br />any matter arising under or relating to the Agreement, iincluding Aquitas' performance or <br />nonperformance of its obligations, whether arising by negligence, intended conduct, or otherwise, <br />the amount of damages recoverable by the City for al,l events, acts, or omissions will not exceed, in <br />the aggregate., an amount equal to all payments made and owing under the Agreement during the <br />twelve (12) months immediately preceding the claim, or, with respect to a particular SOW, an <br />amount equal to all payments made or owing under the applicable SOW during the twelve (12) <br />months immediately preceding the claim, <br />South Bend Maximo Migration to MaaS Page 27 of 36 Confidential <br />
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