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misconduct and /or negligent acts or omissions of the ENGINEER, his directors, officers, <br />and employees, for whose acts the ENGINEER is responsible under this agreement. <br />Subject to any limit of liability established by this agreement. Notwithstanding the <br />foregoing, the ENGINEER shall not be required to indemnify the OWNER, its officers, <br />agents, or employees against liability for damages arising out of injury to persons, theft, <br />or loss or damage to property caused by or resulting from the negligence or intentional <br />misconduct of the OWNER, its officers, agents, or employees. <br />The undersigned attests, subject to the penalties for perjury, that he is the contract <br />party, or that he is the representative, agent, member or officer of the ENGINEER that <br />he has not, nor has any other member, employee, representative, agent or officer of the <br />firm, company, corporation or partnership represented by him, directly or indirectly, to <br />the best of his knowledge, entered into or offered to enter into any combination, <br />collusion or agreement to receive or pay, and that he has not received or paid, any sum <br />of money or other consideration for the execution of this Contract other than that which <br />appears upon the face of the Contract. <br />IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement. <br />ENGINEER: <br />DLZ INDIANA, LLC <br />J rehf2Zwierzynst i, P.E . <br />P <br />ATTEST: <br />Brian M. Smith, P.E. <br />Project Manager <br />A <br />OWNER: <br />CITY OF SOUTH BEND, INDIANA <br />BOARD OF PUBLIC WORKS <br />By: <br />Gary A. Gilot, P.E. <br />By: <br />Carl P. Littrell, P.E. <br />By: <br />Donald E. Inks <br />ATTEST: <br />Approved as to Legality and Form: <br />Attorney for City of South Bend <br />Page 7 of 8 <br />