Agreed Remedy. To the fullest extent permitted by law, the total liability, in the aggregate, of Consultant and Consultant's officers, directors, employees, agents, and consultants to Client and anyone claiming by, through or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to Consultant’s services, the Project or this Agreement, from any cause or causes whatsoever, including but not limited to, negligence, strict liability, breach of contract or breach of warranty shall not exceed the total compensation received by Consultant under this Agreement.
Agreed Remedy. To the fullest extent permitted by law, the total liability, in the aggregate, of Consultant and Consultant’s officers, directors, employees, agents and consultants to the Commission and anyone claiming by, through or under the Commission, for all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to Consultant’s services, the Project or this Agreement shall not exceed the total compensation received by Consultant under this Agreement.
Agreed Remedy. In recognition of the relative risks and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that, to the maximum extent permitted by law, Client agrees to limit the total liability, in the aggregate, of Consultant and Consultant’s officers, directors, employees, agents and subconsultants for any and all of the Client’s or anyone claiming by, through or under the Client’s damages, injuries, claims, losses, or expenses whatsoever arising out of or in any way related to Consultant’s Services, the Project or this Agreement, to the sum of two hundred fifty thousand dollars ($250,000.00) or the Consultant’s total Fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
