Common use of LIABILITY OF THE COUNCIL Clause in Contracts

LIABILITY OF THE COUNCIL. Other than as provided in this Agreement, Judicial Council’s obligations under this Agreement are limited to the payment of the Fee provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event will Judicial Council be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement for the Services performed in connection with this Agreement. Judicial Council shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Criteria Architect, or by its employees, even if the equipment was furnished or loaned to Criteria Architect by Judicial Council. The Criteria Architect hereby waives any and all claim(s) for recovery from the Judicial Council under this Agreement, which loss or damage is covered, whether paid or unpaid, by valid and collectible insurance policies or programs of self-insurance. Criteria Architect agrees to have its required insurance policies endorsed to prevent the invalidation of insurance coverage by reason of this waiver. This waiver extends to claims paid, or expenses incurred, by Criteria Architect’s insurance company on behalf of the Judicial Council. Neither the Judicial Council, nor any other officer or employee of the Judicial Council will be personally responsible for liabilities arising under the Agreement.