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We have already discussed the aptitude clauses, but we can now go into detail. Your policy may prevent you from accepting an obligation by subscribing to a guarantee that says what you have provided will be useful – whether you guarantee that it will work permanently or that it will meet a certain standard/specification, which may happen. The 10-year security pyramid for a company with annual losses of $4.75 million, and whose program is still written by the same organization – all financial variables are the same – can result in an increase in guarantees that are similar to those in Chart 1. If you accept such clauses, your current professional liability insurance does not cover you for the contractual responsibilities that result from them – so ask them to withdraw them. Similarly, your policy does not cover you for the contractual responsibilities that arise from you from an explicit guarantee regarding compliance with a specification, or that the duration of a project or project budget is reached as part of your agreement – these clauses should not be accepted either. As a result of the current state of the U.S. and global economies – coupled with the new regulations – banks are becoming increasingly restrictive in terms of the total amount of OLCs they extend to their customers, and OLCs can be quite expensive. In addition, insurance companies have restrictions or aggregates that limit the total amount of OLCs they accept from a bank or financial institution vis-à-vis several policyholders, resulting in additional concerns for those who send guarantees. If you see such clauses, you should ask that they be removed from the agreement. Distance does not penalize your client. You can continue to claim a breach of contract in an ordinary way.
In addition, your client is protected by the fact that you are covered by the professional compensation insurance that you have to manage as part of the agreement. These clauses are intended to require you to pay compensation to your client for any losses, claims, damages, expenses and expenses incurred by a breach of the contract or obligation on your part when providing your services. These clauses extend the scope of what your client can restore from you – they go beyond what can normally be restored to the common law.