Provision of Services

SECTION 3

3.1 Prerequisites. During the provision of the Services, Service Engineer shall meet prerequisites stated in Annexes to this Agreement which may include but not limited:

• Description of Scope of Services

• Location of Services

• Commencement date

• Completion date

• Key Dates (Milestones)

• Document Control

3.2 Staff. Service Engineer assign staff to assist in the provision of the Services on his own decision. Client has right to request information about these individuals competences for his own review. In case the Client is not satisfied with competences or experience of staff assigned by Service Engineer for the Services, Client may submit reasonable refusal of particular individual not later than 2 business days after receive staff information.

3.3 Subcontractors. Unless otherwise specified in Annexes to the Agreement Service Engineer shall be permitted to use subcontractors in the provision of Services to the Client. Service Engineer shall be responsible for the work of a subcontractor whose work shall be undertaken to the same standard as required by this Agreement.

3.4 Quality of services and warranties. Service Engineer represents and warrants that it will perform the Services using reasonable care and skill for a Service Provider in their field and that any end products or materials given by Service Engineer to the Client under the terms and conditions of this Agreement will not infringe on or violate the intellectual property rights or any other right of any third party.

3.5 Limitation of liability. Except in cases of death or personal injury caused by either party's negligence, either party's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by the Client to Service Engineer. To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.