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Advanced Utility Systems Quote AT80799 <br />Advanced Utility Systems Page 3 of 4 <br />Escalation Process <br />Several processes may trigger the escalation process, including issue tracking, contract <br />management, and risk management. This process assumes that prior attempts have been made to <br />resolve the item and the appropriate parties cannot reach a resolution. <br />When an item is escalated, the appropriate participants are notified via formal communication <br />(email, fax, or registered mail), which includes a summary of the concern/issue and the analysis of <br />each party’s position. The participants must be provided with sufficient time, to review the analysis <br />and concerns prior to scheduling any resolution meetings. <br />The levels of escalation and the participants in each level include: <br />1.Engagement Resource (Client Services Technical Consultant who is assigned the project) <br />2.Engagement Manager (Client Services Team Lead) <br />3.Engagement Sponsor (Director of Client Services) <br />Standard of care/warranty disclaimer <br />The standard of care applicable to the Professional Consulting / Information Technology (PC/IT) <br />services arising under this SOW will be the degree of skill and diligence normally employed by PC/IT <br />consultants performing the same or similar services. No further warranty of guaranty, expressed or <br />implied, is made with respect to the services furnished hereunder and all implied warranties are <br />hereby disclaimed including the warranty of merchantability and fitness for a particular purpose. <br />Limitation of Liability <br />THE LIABILITY OF ADVANCED (UNDER BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR <br />OTHERWISE, AND INCLUDING ANY INDEMNITY OBLIGATION) FOR ANY DAMAGES RELATING TO THIS <br />AGREEMENT SHALL NOT EXCEED THE FEES PAID BY THE CITY TO ADVANCED PURSUANT TO THIS SOW. <br />IN ADDITION TO THE FOREGOING, ADVANCED SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, <br />INDIRECT, SPECIAL OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED LOST REVENUE OR <br />LOSS OF PROFITS, EVEN IF ADVANCED HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF <br />SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED <br />REMEDY. <br />THESE LIMITATIONS SHALL APPLY IN RESPECT OF ANY CLAIM, DEMAND OR ACTION BY A PARTY <br />IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM, DEMAND OR <br />ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT. <br />Notes <br />•This quote is valid for 30 calendar days from the date of issue and supersedes any previous <br />offers related to services outlined <br />•The hours provided within this SOW are estimates only and the client will be advised if the <br />hours are to exceed the estimate above