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J. HOLD HARMLESS. Professional Service Provider shall indemnify and save harmless the City, its <br /> officers and employees against any and all claims for damages to property or injuries to or death of <br /> any person or persons, including properly and employees or agents of the City and including <br /> reasonable attorney's fees incurred by the City or required in any way to be paid by the City,in <br /> defense thereof,and shall indemnify and save harmless the City from all claims,demands,suits, <br /> actions or proceedings including Worker's Compensation claims,of or by anyone whomsoever, <br /> proximately caused or proximately arising out of negligent acts or omissions to act by Professional <br /> Service Provider in connection with its performance of this contract, including operations of its <br /> subcontractors and negligent acts or omissions of employees or agents of the Professional Service <br /> Provider or its 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 Professional Service Provider under the terms <br /> of the Agreement. The Professional Service Provider shall procure and maintain at his own cost and <br /> expense,any additional kinds and amounts of insurance that, in the Professional Service Provider's <br /> own judgment,may be necessary for the Professional Service Provider's proper protection in the <br /> prosecution of the work.Neither Party shall be liable to the other Party for incidental,indirect,special <br /> or consequential damages. <br /> K. COPYRIGHT ASSIGNMENT. The Professional Service Provider assigns to the City any and all <br /> of Professional Service Provider's rights under copyright laws for work prepared by the Professional <br /> Service Provider, its employees, subcontractors or agents in connection with this Contract, including <br /> any and all rights to register said copyright,renewal rights,determination rights and import rights. <br /> The Professional Service Provider agrees to execute any additional documents the City may request <br /> to effectuate the assignment of said copyright. <br /> L. NO BID RIGGING,BID ROTATION The Professional Service Provider certifies, in <br /> accordance with Section 33E-11 of the Illinois Criminal Code,that the Professional Service Provider <br /> is not barred from bidding on contracts as a result of a violation of either Section 33E-3,Bid Rigging, <br /> or Section 33E-4,Bid Rotating,of the Illinois Criminal Code.The Professional Service Provider so <br /> certifies in the Non-Collusion Statement,attached and marked herein as Exhibit G and incorporated <br /> herein by reference. <br /> M. NO DELINQUENT TAXES The Professional Service Provider agrees that it is not delinquent in <br /> payment of any and all taxes in any State or any political subdivisions therein and shall so certify in <br /> the Affidavit of No Delinquent Taxes,attached and marked herein as Exhibit G,and incorporated <br /> herein by reference. <br /> N. DRUG FREE WORKPLACE. The Professional Service Provider agrees that it shall comply with <br /> the Illinois Drug Free Workplace Act,30 ILCS 580/1,et seq. If the Professional Service Provider <br /> has twenty-five(25)or more employees or this contract is for more than Five Thousand Dollars <br /> ($5,000.00),the Professional Service Provider shall provide to the City the Drug Free Workplace <br /> Certification attached and 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. <br /> Last Revised:6/3/2021 <br />