08 - Medicare Ground Ambulanca Data Collection Survey

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PUB LIC City of' Paris ENS Medicare Ground Ambulance Data Collection Services b. a strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not); c. natural disasters, including, but not limited to, earthquakes, fires, floods, landslides, tsunamis, volcanic activity, tornadoes, hurricanes, blizzards, and other exceptional adverse weather conditions; d. loss or malfunction of electricity supply or of other essential utilities, communications. or computer (software and hardware) services; e. sabotage or piracy; E plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions; g. act of government authority, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, or expropriation; h. other unforeseeable circumstances beyond the control of the parties against which it would have been unreasonable for the affected party to take precautions. The parties shall consult together following the occurrence of a Force Majeure Event to agree to any necessary and reasonable modifications to this AGREEMENT. 21. Miscellaneous a. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, PCG DOES NOT MAKE ANY WARRANTY WITH RESPECT TO THE CONTRACTED SERVICES, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IM- PLIED WARRANTIES, WHETHER OF MERCHANTABILITY, SUITABILITY, FIT- NESS FOR A PARTICULAR PURPOSE, OR OTHERWISE FOR SAID CON- TRACTED SERVICES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER ANY INCIDENTAL, INDI- RECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM ANY TYPE OR MAN- NER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF THE OTHER PARTY HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POS- SIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAM- AGES WERE FORESEEABLE. C. The liability of either party for losses arising pursuant to or in connection with the terms, covenants, or other obligations (whether express or implied) of the parties under this AGREEMENT shall not exceed $35,000 in the aggregate or the limits of CONTRAC- TOR'S professional liability coverage, whichever is greater (the "Cap"). d. The parties agree that the terms of this AGREEMENT result from negotiations between them. This AGREEMENT will not be construed in favor of or against either party by rea- son of authorship. Page 7