Terms and Conditions (November 3, 2011)
The content of the work performed by ATG is not intended or represented to be suitable for reference, re-uses, or reliance by third parties not a party to any contractual arrangement between ATG and the client. No party shall be deemed a third party beneficiary of the services performed by ATG for the client. Further field verification of the present conditions of a client's facility or facilities by third persons is strongly recommended by ATG. Any reference or re-use by a client will be at the client's sole risk and without liability or responsibility of ATG. Client waives any claims it may have against ATG and ATG's directors, officers, agents and employees for any damages, losses or expenses client incurs arising from or related to the use by third parties of any data, information or other documents generated with respect to ATG's services. Further, client agrees to indemnify, defend and hold harmless ATG and ATG's directors, officers, employees and agents from and against any and all claims, causes of action, damages and liabilities, including, without limitation, attorney's fees, costs of litigation and costs of settlement, arising from or related to (i) client's breach of any of its obligations to ATG; (ii) any claim by any third party related to the accuracy of any data, information or documents generated with respect to client's facilities (whether such information was provided by client or third parties); (iii) any claim by any third party arising from or related to conditions at client's facilities; (iv) any claim by any third party with respect to the services performed by ATG; (v) a violation by client of any statute, law, code, ordinance, regulation or other legal requirement; or (vi) any claim by any third party arising from or related to any negligent or other act or omission of client. The liability of ATG resulting from its acts or omissions shall be limited to a sum equal to the total amount actually paid to ATG by a client under any specific engagement for services, exclusive of reimbursable expenses. This shall be a client's exclusive remedy. Under no circumstances will ATG or ATG's officers, directors, agents and employees be liable to client or any third party for any incidental, special, indirect or consequential damages of any kind or nature whatsoever, including, without limitation, damages for delay, lost opportunity or lost profits, even if ATG has been advised of the possibility of such damages.