Common use of Liability and Remedies Clause in Contracts

Liability and Remedies. 10.1. If a party does not comply with one or more obligations in the Service Agreement, the other party can (without prejudice to any other right or remedy) exercise any one or more of the following rights or remedies: 10.1.1. Require the party to comply with the Service Agreement; and 10.1.2. Claim compensation for such damages as have been sustained in connection with the breach (or breaches) of the Service Agreement. 10.2. MTI² shall not be liable for any act or omission in the course of, or connected to, providing the Services, except to the extent that such liability directly arises out of negligence or willful misconduct of MTI² or failure to comply with its standard of care herein. Mti² will not be responsible for any damage the Client may incur in following or declining to follow any advice or recommendation of MTI². The parties recognize and agree that the effectiveness of the Services and the success of any action undertaken by the Client in response thereto are not guaranteed or warranted by MTI² in any respect. 10.3. The maximum aggregate liability of MTI² to the client under or in connection with the Service Agreement shall not exceed 50% of the total contracted sum per year of the engagement.