1. Liability and indemnity a. The Parties shall be liable for damages incurred as a result of a breach of their contractual obligations. b. The Parties shall not be liable for minor negligence. All liability for consequential damage is waived except where otherwise stated in this agreement. c. If Peddler becomes liable to Smartdev under any instruction due to a negligent act error or omission breach of contract, willful misconduct or otherwise of its employees acting within the course of their employment, then: i. The damages recoverable against Peddler for all negligent acts errors or omissions, breach of contract or otherwise will not exceed in the aggregate amount then previously paid to Smartdev by Peddler for the part of the work which gave rise to the damages. ii. The measure of damages will not include any amounts for indirect consequential or punitive damages of any party, including without limitation third parties. Smartdev may not assert any cause of action against Peddler of which Smartdev knew or should have known more than two (2) years prior to such assertion. d. Nothing in this Master service agreement shall purport to exclude or restrict the liability of Peddler or Smartdev for death or personal injury arising out of acts or omissions of that party, its agents, employees, servants and sub-contractors.e. Smartdev will indemnify, defend, and hold Peddler and its customer harmless from and against any and all claims, actions, damages, demands, liabilities, costs and expenses, including reasonable attorney fees and expenses resulting there from any event, act or omission of Smartdev or its Employees causes which may cause: i. damage to or destruction of property of peddler, its customers or third parties, and/ or ii. death or injury to persons including but not limited to, employees or invitees of peddler and/or its customers,
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