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ENGINEER affirms under the penalties of perjury that he /she /it does not knowingly employ an unauthorized alien. ENGINEER shall enroll in and verify the work eligibility status of all his /her /its newly hired employees through the E- Verify program as defined in IC 22- 5- 1.7 -3. ENGINEER shall not knowingly employ or contract with an unauthorized alien. ENGINEER shall not retain an employee or contract with a person that EN INEER subsequently learns is an unauthorized alien. ENGINEER is not required to participate in the E- Verify program should the E- Verify p -ogram cease to exist. Additionally, the ENGINEER is not required to participate if the ENGINEER is self - employed and does not employ any employees. ENGINEER shall require his /her /its subcontractors, who perform work under this contract, to certify to ENGINEER that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E- Verify program. ENGINEER agrees to maintain this certification throughput the duration of the term of a contract with a subcontractor. WNER may terminate for default if ENGINEER fails to cure a breach of this provisio no later than thirty (30) days after being notified by OWNER. 7. Uimitations of Liabil No employee of ENGINEER shall have individual liability to OWNER. OWNER agrees hat, to the fullest extent permitted by law, ENGINEER's total liability to OWNER for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limi ed to, ENGINEER's negligence, error, omissions, strict liability, or breach of contrac shall not exceed the total compensation received by ENGINEER under this Agreement. If OWNER desires a limit of liability greater than provided above, OWNER and ENGINEER shall include in the Agreement the amount of such limit and the additional compensation to be paid to ENGINEER for assumption of such risk. 8. engineer Indemnification The ENGINEER hereby agrees to indemnify, hold and save the OWNER harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character arising out of the intentional misconduct and /or negligent acts or omissions of the ENGINEER, his directors, officers, and employees, for whose acts the EN13INEER is responsible under this Agreement subject to any limit of liability established by this Agreement. Notwithstanding the foregoing, the ENGINEER shall not be required to indemnify the OWNER, its officers, agents, or employees against liability for damages arising out of injury to persons, theft, or loss or damage to property caused Ireland oad Right of Way Acquisition Services Agreement September 2012 Page 6 of 10