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The City shall indemnify and save harmless the Consulting Engineer,its officers and employees <br /> against any and all claims for damages to property or injuries to or death of any person or persons, <br /> including property and employees or agents of the Consulting Engineer and including reasonable <br /> attorney's fees incurred by the Consulting Engineer or required in any way to be paid by the <br /> Consulting Engineer, in defense thereof, and shall indemnify and save harmless the Consulting <br /> Engineer from all claims,demands, suits,actions or proceedings including Worker's Compensation <br /> claims,of or by anyone whomsoever,proximately caused or proximately arising out of negligent acts <br /> or omissions to act by City in connection with its performance of this contract, including operations <br /> of its subcontractors and negligent acts or omissions of employees or agents of the City or its <br /> subcontractors. <br /> Insurance coverage specified in this Agreement constitutes the minimum requirements and said <br /> requirements shall not lessen or limit the liability of the Consulting Engineer under the terms of the <br /> Agreement. The Consulting Engineer shall procure and maintain at his own cost and expense,any <br /> additional kinds and amounts of insurance that,in the Consulting Engineer's own judgment,may be <br /> necessary for the Consulting Engineer's proper protection in the prosecution of the work. Neither <br /> Party shall be liable to the other Party for incidental, indirect, special or consequential damages. <br /> K. COPYRIGHT ASSIGNMENT. The Consulting Engineer assigns to the City any and all of <br /> Consulting Engineer's rights under copyright laws for work prepared by the Consulting Engineer,its <br /> employees, subcontractors or agents in connection with this Contract, including any and all rights to <br /> register said copyright,renewal rights,determination rights and import rights. The Consulting <br /> Engineer agrees to execute any additional documents the City may request to effectuate the <br /> assignment of said copyright. <br /> L. NO BID RIGGING, BID ROTATION. The Consulting Engineer certifies, in accordance with <br /> Section 33E-11 of the Illinois Criminal Code,that the Consulting Engineer is not barred from bidding <br /> on contracts as a result of a violation of either Section 33E-3,Bid Rigging, or Section 33E-4,Bid <br /> Rotating, of the Illinois Criminal Code.The Consulting Engineer so certifies in the Non-Collusion <br /> Statement,attached and marked herein as Exhibit G and incorporated herein by reference. <br /> M. NO DELINQUENT TAXES. The Consulting Engineer agrees that it is not delinquent in payment <br /> of any and all taxes in any State or any political subdivisions therein and shall so certify in the <br /> Affidavit of No Delinquent Taxes, attached and marked herein as Exhibit G, and incorporated herein <br /> by reference. <br /> N. DRUG FREE WORKPLACE. The Consulting Engineer agrees that it shall comply with the <br /> Illinois Drug Free Workplace Act,30 ILCS 580/1, et seq. If the Consulting Engineer has twenty-five <br /> (25)or more employees or this contract is for more than Five Thousand Dollars($5,000.00),the <br /> Consulting Engineer shall provide to the City the Drug Free Workplace Certification attached and <br /> marked herein as Exhibit G and incorporated herein by reference. <br /> O. SEVERABILITY. If any section,terms or provisions of this Agreement or the application thereof <br /> shall be held to be invalid or unenforceable,the remainder of each section, subsection,term or <br /> provision of this Agreement or the application of the Agreement to the parties, shall not be affected <br /> thereby. <br /> P. The Parties recognize and agree that time is of the essence of this Agreement as is consistent with the <br /> applicable professional standard of care. <br /> Last Revised:04/29/2015 <br />