HomeMy WebLinkAboutDraft Proposed RevisionsDraft proposed revisions,to:Motorola's al ernat ve langua`ge:'
"Except for personal injury, personal property, or death,
Motorola's total liability, whether for breach of contract, warranty,.
negligence, strict liability in tort, indemnification, or otherwise,
will be limited to the direct damages and/or consequential damages
recoverable under law, but not to exceed the total price (estimated not
to exceed $923,000,00) of the Equipment, Software, and services with
respect to which losses or damages are claimed. ALTHOUGH THE PARTIES
ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT
MOTOROLA WILL NOT BE LIABLE FOR ANY INCONVENIENCE; LOSS DUE TO IMPROPER
USE BY THE CITY, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER
SPECIAL OR INCIDENTAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM.
THIS AGREEMENT, OR THE SALE OR IMPROPER USE BY THE CITY OF THE
EQUIPMENT OR SOFTWARE. This limitation of liability provision survives.
the expiration or termination of the Agreement and applies
notwithstanding any contrary provision except that nothing in the
foregoing limitation of liability provisions shall limit, impair or
impact Motorola's continuing warranty provisions arising from this
Agreement.
No action for contract breach or otherwise relating to the
transaction contemplated by this Agreement may be brought more than the
time period as permitted by Florida Law for the accrual of the caus.(s)
of action."
rjj:Document 83833 (3).doc
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