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The City shalt indemnify and save harmiess the Consulting Engineer, its of�cers and employees <br /> against any and all claims for damages to property or injuries to or death of any person ar persons, <br /> ineluding praperty and employees or agents af the Consulting Engineer and including reasonable <br /> attorney's feas incurred by the Cansulting Engineer or reyuired in any way to be paid by the <br /> Consulting Engineer, in defense ihereof,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, proximatety caused or proxiinately arising out of negligent aets <br /> or omissions to act by City in connection with its perforrnance af this contract, including operations <br /> af its subcontractors and negligenfi acts or omissions of employees or agents of the City or its <br /> sUbcontractars. <br /> Ir�surance coverage specified in this Agreement constitutes the minimum requirements and said <br /> requirements shall not lessen or lirnit the liability ofthe Consulting Engineer under the terms af the <br /> Agreement. The Consalting Engineer shati procure and maintain at his awn cast and expense, any <br /> additional kinds and amounts of insurance that, in the Consulting Engineer's awn judgment, may be <br /> necessary for the Cansulting Engineer's proper protection ir�the prosecution of the work. Neither <br /> Party sl�all be liable to the ather Party for incidental, indirect, special or consequential daxnages. <br /> K. COPYRIGHT ASSIGNMENT.The Consutting Engineer assigns to the City any and all of <br /> Consulting Engineer's rights under copyright laws far work prepared by the Consulking Engineer•, its <br /> eznployees, sabcol�tractors ar agents in connec#ion witi�tliis Contract, including any and al(rights to <br /> register said capyright, renewal rights, determinatian rights and i►nport rights. The Consulting <br /> Bl�gineer agrees to execute any additio�lal doctiunents the City may reqezest to effectuate the <br /> assignment of said copyrigklt. <br /> L. NO BID RIGGING BID ROTATICIN The Cansulting Engineer certifies, in accordarlce with <br /> Section 33E-11 of the Illinois Critnina}Code,t1�at the Cons�xtting Engi��eer is not barred frai�bidding <br /> on contracts as a result of a violation of eitl�er Section 33E-3, Bid Rigging, ar Sectian 33E-4, Bid <br /> Rotating, of tl�e Illinais Crunina!Code. The Const►Iting Engineer so certifies in the Non-Collusion <br /> Statement, attached and marked herein as Exhibit G and incorparated herein by reference. <br /> M. N(J DELINQUENT TAXES. The Cansulting Engineer agrees that it is nat delinquent in payment <br /> of any and all taxes i�t any State ar any political subdivisions therein and shall so certify in the <br /> Affidavit ofNo Delinqaent Taxes, attached and marked herein as Exl�ibit G, and incarporated herein <br /> by referetice. <br /> N. DRUG FREE WORKPI,ACE. The Constilting Engineer agrees that it shall comply with the <br /> Illinois Drug Free Warkplace Act, 30 ILCS 5$Ql1,et seq. If tl�e Consulting Engineer has twenty-five <br /> (25}or more employees or this cantract is for more tl�an Five Thousand Dollars($S,OOO.QO),the <br /> Consulting Engineer shall provide to the City the Drug Free Workplace Certificatian attacl3ed and <br /> marked herein as Exhibit G and incorparated herein by reference. <br /> 4. SEVERABILITY. If any section,terms or provisians afthis Agreement or the apptication thereof <br /> shall be held ta be invalid ar unenforceable,the remainder of each sect'ron, subsection,term or <br /> pravision of this Agreement or the appiication af the Agreement to the parties, shall not ba affected <br /> thereby. <br /> P. The Parties recognize and agree that time is ofthe essence of this Agreement as is cansistent with the <br /> applicable professional standard of care. <br /> I,ast Rev'rsed:08/22/2019 <br />