NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY. OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Texas Education Code §44.032(f), reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. State of Texas Franchise Tax By signature hereon, the bidder hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.
NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY. OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. All of the foregoing obligations are conditioned on TIPS notifying the Vendor promptly in writing of such action, TIPS giving the Vendor sole control of the defense and settlement negotiations to the extent Vendor’s defense or settlement negotiations do not conflict with TIPS defense thereof. AS BETWEEN VENDOR PARTIES AND TIPS/ESC REGION 8, VENDOR PARTIES AND TIPS/ESC REGION 8 SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, ARISING FROM OR RELATED TO THIS AGREEMENT, OR OTHERWISE RELATED TO THIS AGREEMENT, OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE DAMAGES. EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE, THE TOTAL LIABILITY OF VENDOR PARTIES HEREUNDER FOR ANY CAUSE SHALL NOT EXCEED $1,000,000. AS BETWEEN VENDOR PARTIES AND TIPS MEMBER(S), VENDOR PARTIES’ TOTAL LIABILITY IS SUBJECT TO VENDOR’S TERMS AGREED TO BETWEEN THE VENDOR PARTIES AND TIPS MEMBER IN A SIGNED AGREEMENT. State of Texas Franchise Tax By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.
