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e. ShakeAlert education and training materials, including, but not limited to USGS approved <br /> messaging. <br /> agEOR-les,-Faublic-through-Flo-fault.4-4140--rtaCetiVillg-Par-tyi '0,ple 0e <br /> underthis Agreement• <br /> �r <br /> r <br /> u " , <br /> Indemnity.To the fullest extent permitted by law,the Client shall defend, indemnify, and hold harmless <br /> the Consultant, USGS, United States Government, and their agents and employees from and against any <br /> and all claims, suits, losses, damage, costs, fees, and expenses from third-party claims made or brought <br /> against the Consultant or USGS based upon or arising out of or in connection with any acts or omissions <br /> of the Client, its agents, or its employees relating to the ShakeAlert Materials and the Consultant's <br /> transmittal of the USGS server connection. <br /> The Consultant agrees to indemnify and hold harmless the Client, its officers and employees from and <br /> against any and all claims, suits, losses, damage, costs,fees, and expenses from third-party claims made <br /> or brought against the Client based upon or arising out of or in connection with any acts or omissions of <br /> the Consultant, its agents, or its employees relating to the ShakeAlert Materials and the Consultant's <br /> transmittal of the USGS server connection. <br /> Provided that, if the claims or suits are caused by or result from the concurrent negligence of the Client <br /> and the Consultant,or their agents or employees,this provision with respect to claims or suits based upon <br /> such concurrent negligence shall be valid and enforceable only to the extent of each Party's negligence or <br /> the negligence of each Party's agents or employees except as limited below. <br /> Liability. "Liability" means any liability,whether under contract,tort (including negligence), or otherwise <br /> and whether or not foreseeable or contemplated by the Consultant or the Client. <br /> A. Limited Liabilities.Subject to the following subsection B, neither the Consultant nor the Client will <br /> have any Liability arising out of or relating to this Agreement or the ShakeAlert Materials for lost <br /> revenues, profits, or savings, indirect or consequential losses, special or incidental losses, or <br /> punitive damages. <br /> 0/NW012:0PSMM ARKETING MATERIALS\SHAKEALERT\CONTRACT TEMPLATESPILOT TOR ETVO O A SITION\COE\CSA_AGMT_COE SHAKEALERT_202O.DOCX <br />