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,' . <br /> 10. The PLANNING AGENCY warrants that he has not employed or retained any company <br /> �' or person, other than a bona fide employee working solely for the PLANNING <br /> AGENCY, to solicit or secure this AGREEMENT, and that he has not paid or agreed to <br /> pay any company or person, other than a bona fide employee working solely for the <br /> PLANNING AGENCY, any fee, commission, percentage, brokerage fee, gifts or any <br /> other consideration contingent upon or resulting from the award or making of the <br /> AGREEMENT. For breach or violation of this warranty, the DEPARTMENT shall have <br /> the right to annul the AGREEMENT without liability, or in its discretion, to deduct from <br /> compensation otherwise due the PLANNING AGENCY the commission, percentage, <br /> brokerage fee, gift or contingent fee. <br /> 11. By signing this AGREEMENT, the PLANNING AGENCY certifies that he has not been <br /> convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, <br /> nor has the PLANNING AGENCY made an admission of guilt of such conduct which is <br /> a matter of record, nor has an official, agent, or employee of the PLANNING AGENCY <br /> committed bribery or attempted bribery on behalf of the PLANNING AGENCY and <br /> pursuant to the direction or authorization of a responsible official of the PLANNING <br /> AGENCY. The PLANNING AGENCY further certifies that it is not barred from <br /> contracting with a unit of state or local government as a result of a conviction for the <br /> violation of state laws prohibiting bid-rigging or bid-rotating. <br /> 12. The PLANNING AGENCY shall consult with and keep the DEPARTMENT fully <br /> informed as to the progress of all matters covered by this AGREEMENT. <br /> 13. The PLANNING AGENCY, by signing this AGREEMENT, covenants that PLANNING <br /> AGENCY has no public or private interest, direct or indirect, and shall not acquire <br /> directly or indirectly any such interest which does or may conflict in any manner with <br /> the perFormance of PLANNING AGENCY's services and obligations under this <br /> AGREEMENT. Any such conflicts shall be disclosed to the DEPARTMENT and the � <br /> DEPARTMENT shall determine whether such conflict is cause for the non-execution or <br /> termination of this AGREEMENT. The PLANNING AGENCY further covenants that, in <br /> the performance of this contract, no person having such interest shall be employed by <br /> the PLANNING AGENCY. <br /> 14. (a) Services rendered pursuant to this AGREEMENT are not rendered as an <br /> employee of the State of Illinois and amounts paid pursuant to this AGREEMENT <br /> do not constitute compensation paid to an employee for such purposes. <br /> (b) The DEPARTMENT assumes no liability for actions of the PLANNING AGENCY <br /> under this AGREEMENT and this AGREEMENT is not subject to the State <br /> Indemnification Act (5 ILCS 350/1 g�sea•) <br /> 15. The PLANNING AGENCY shall indemnify and save harmless the DEPARTMENT, its <br /> officers, agents, employees and servants against all loss, damage or expense that it or <br /> they may sustain as a result of any suit, actions or claims of any character brought on <br /> account of property damage, injury to or death of any person or persons, including all <br /> persons performing any work under the AGREEMENT, which may arise in connection <br /> with the work to be performed under the AGREEMENT. <br /> 4 <br />