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primary and not contribute with any insurance or self-insurance <br />maintained by the City. <br />c. Business Automobile Liabilitv Insurance. Vendor shall maintain coverage <br />with limits not less than $1,000,000 per each accident for owned, hired <br />and non -owned automobiles. <br />d. Workers' Compensation Insurance. Vendor shall maintain coverage as <br />required by the California Labor Code. The Workers' Compensation policy <br />shall contain an endorsement stating that the insurer waives any right to <br />subrogation against the City, its officers, agents, employees and <br />volunteers. <br />e. Emolover's Liabilitv Insurance. Vendor shall maintain coverage with limits <br />not less than $1,000,000 per each accident for bodily injury or disease. <br />25. Waiver. The waiver of any term, condition or provision hereof shall not be <br />construed to be a waiver of any other such term, condition or provision, nor shall such <br />waiver be deemed a waiver of a subsequent breach of the same term, condition or <br />provision. <br />26. Limitation of Liabilitv. <br />26.1 NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, <br />VENDOR WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, <br />INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT <br />DAMAGES, AND VENDOR'S TOTAL LIABILITY ARISING AT ANY <br />TIME FROM THE SALE OR USE OF THE GOODS AND <br />SERVICES WILL NOT EXCEED THE PURCHASE PRICE PAID <br />FOR THEM. THESE LIMITATIONS APPLY WHETHER THE <br />LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY <br />OR ANY OTHER THEORY. THE REMEDIES SET FORTH IN THE <br />BID DOCUMENTS AND IN THIS PURCHASE AGREEMENT ARE <br />INTENDED TO CONSTITUTE A COMPLETE ALLOCATION OF <br />THE RISKS BETWEEN THE PARTIES, AND CITY <br />ACKNOWLEDGES THAT IT IS KNOWINGLY LIMITING THE <br />REMEDIES THAT MIGHT OTHERWISE BE AVAILABLE TO CITY. <br />BECAUSE THE BID DOCUMENTS AND THIS PURCHASE <br />AGREEMENT AND THE PRICE PAID REFLECT SUCH <br />ALLOCATION, THE REMEDIES PROVIDED TO CITY WILL NOT <br />HAVE FAILED OF THEIR ESSENTIAL PURPOSE EVEN IF THEY <br />OPERATE TO BAR RECOVERY FOR CERTAIN DAMAGES THAT <br />CITY MAY INCUR. <br />26.2 Section 26.1 above does not apply to (a) claims pursuant to Section <br />16 above (Indemnification) or (b) claims for attorneys' fees and <br />other litigation costs recoverable by the prevailing party in any <br />action. <br />Page 8 of 14 <br />REV: 07-03-17 MI <br />ATTY/AGR.2017.150/PAX Water Technologies - Purchase Agreement <br />