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<br /> OWNER shall be named specifically as an additionally-insured party for that insurance
<br /> coverage required in #3 above. A Certificate of Insurance with OWNER listed as an
<br /> additionally-insured party shall be provided to OWNER within seven (7) calendar days after the
<br /> execution of this AGREEMENT. Notwithstanding, OWNER reserves all claims or rights of
<br /> action against ARCHITECT and its sub-consultants as if OWNER were not named in the subject
<br /> policy or policies.
<br /> ARCHITECT's insurer shall agree to give OWNER a minimum of thirty (30) calendar ,
<br /> days advance written notice of a cancellation of insurance or a reduction in coverage below the '
<br /> limits set forth herein. Coverages in the minimum amounts set forth herein shall not be ;
<br /> construed to relieve ARCHITECT or its sub-consultants from liabilities in excess of such '�
<br /> coverages.
<br /> Liabilities Aqainst Owner
<br /> ARCHITECT shall indemnify, defend, keep, and save harmless OWNER and its agents,
<br /> employees, and officers from any and all claims, demands, suits at law or equity, actions,
<br /> penalties, losses, damages, or costs, of whatsoever kind or nature, brought against OWNER
<br /> arising out of, in conjunction with, or incident to the execution of this AGREEMENT due to
<br /> ARCHITECT's negligent performance or failure to perform any aspect of this AGREEMENT,
<br /> including errors or omissions of ARCHITECT, its employees, servants, and agents. However, if
<br /> such claims are caused by or result from the concurrent negligence of OWNER, its agents,
<br /> employees, or officers, this indemnity provision shall be valid and enforceable only to the extent
<br /> of the negligence of ARCHITECT so long as no condition herein shall require ARCHITECT to
<br /> hold harmless or defend OWNER, its agents, employees, or officers from; any claims arising
<br /> from the sole negligence of OWNER, its agents, employees, or officers.
<br /> Debarred, Suspended, or lneli_qib/e Contracfor
<br /> ARCHITECT hereby certifies that it is not currently listed among the firms on the General
<br /> Services Administration's (GSA's) "List of Parties Excluded from Federal Procurement or Non-
<br /> procurement Programs". Such companies are debarred, suspended, ineligible, or otherwise
<br /> excluded from participation in performing any work funded in whole or in part with federal
<br /> financial assistance. During the performance of the work described in this AGREEMENT,
<br /> should ARCHITECT be placed on the GSA's "List of Parties Excluded from Federal
<br /> Procurement or Non-procurement Programs", will notify OWNER immediately of this change in
<br /> status. A fully executed certification form is included with Attachment#4.
<br /> Each sub-consultant also must certify that it complies with the above requirement.
<br /> ARCHITECT is responsible for obtaining a certification from each sub-consultant, and
<br /> forwarding said form(s) to OWNER.
<br /> Covenant A_qainst Continaent Fees
<br /> ARCHITECT warrants that no person or selling agency has been employed or retained
<br /> to solicit or secure this AGREEMENT upon an agreement or understanding for a commission,
<br /> percentage, brokerage, or contingent fee, excepting bonafide employees or bonafide
<br /> established commercial or selling agencies maintained by ARCHITECT for the purpose of
<br /> securing business. For breach or violation of this warranty, OWNER shall have the right to
<br /> annul this AGREEMENT without liability or, at its sole discretion, to deduct from the contract
<br /> price of consideration, or otherwise recover, the full amount of such commission, percentage,
<br /> brokerage or contingent fee.
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