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6.2 If any failure to meet the foregoing Warranty appears within six (6) months from the date of <br />completion of the Services and CONSULTANT is promptly notified thereof in writing, <br />CONSULTANT will at its option and expense re- perform the non - conforming work or refund <br />the amount of compensation paid to CONSULTANT for such non - conforming services. In <br />no event shall CONSULTANT be required to bear the cost of gaining access in order to <br />perform its Warranty obligations. <br />6.3 The foregoing warranty is exclusive and in lieu of all other warranties, whether written, <br />oral, implied or statutory, including any warranty of merchantability. Consultant does not <br />warrant any products or services of others designated by client. <br />ARTICLE 7. INSURANCE <br />7.1 CONSULTANT will procure and maintain insurance as described below. At a minimum, <br />CONSULTANT will have the following coverage: <br />(1) Worker's compensation and occupational disease insurance in statutory amounts. <br />(2) Employer's liability insurance in the amount of $1,000,000. <br />(3) Automobile liability in the amount of $500,000. <br />(4) General comprehensive liability insurance for bodily injury, death or loss of or damage <br />to property of third persons in the amount of $1,000,000 per occurrence, $2,000,000 <br />in the aggregate. <br />ARTICLE S. INDEMNITY <br />8.1 The CONSULTANT and CLIENT (the PARTY'S /PARTY) shall hold harmless and indemnify <br />each other to the extent of their respective proportionate responsibility therefore, from any <br />claims, demands, expenses or liabilities caused or alleged to have been caused by injury <br />to, or death of, personnel and damage to third -party property, properly and reasonably <br />incurred in connection with defending any claim arising out of the negligent acts or <br />omissions of the other PARTY in performance of the CONSULTANT'S work under this <br />Agreement. Nothing herein shall be construed to mean that either PARTY shall hold <br />harmless and indemnify the other from claims, demands, expenses or liabilities arising out <br />of any acts or omissions of the other PARTY'S own officers, agents or employees. <br />5 <br />ARTICLE 9. ALLOCATION OF RISK <br />9.1 To the fullest extent permitted by law, the total liability in the aggregate of CONSULTANT <br />and its employees, subcontractors or suppliers to CLIENT and anyone claiming by, through <br />or under CLIENT on all claims of any kind (excluding claims for death or bodily injury) <br />arising out of or in any way related to CONSULTANT'S services, or from any cause or <br />causes whatsoever, including but not limited to negligence, errors, omissions, strict <br />liability, indemnity or breach of contract, shall not exceed the compensation received by <br />CONSULTANT for the task order upon which such liability is based, or the maximum <br />amount of the CONSULTANT'S insurance coverage, whichever is greater. All such liability <br />shall terminate on the expiration date of the warranty period specified in Article 6. <br />Page 4 of 6 <br />