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Version 6-8-2017 <br />16 <br />36. Waiver of Rights. No rights conferred on either party under this Contract shall be deemed waived, <br />and no breach of this Contract excused, unless such waiver or excuse is approved in writing and <br />signed by the party claimed to have waived such right. Neither the LPA’s review, approval or <br />acceptance of, nor payment for, the Services required under this Contract shall be construed to operate <br />as a waiver of any rights under this Contract or of any cause of action arising out of the performance <br />of this Contract, and the CONSULTANT shall be and remain liable to the LPA in accordance with <br />applicable law for all damages to the LPA caused by the CONSULTANT's negligent performance of <br />any of the Services furnished under this Contract. <br />37. Work Standards/Conflicts of Interest. The CONSULTANT shall understand and utilize all <br />relevant INDOT standards including, but not limited to, the most current version of the Indiana <br />Department of Transportation Design Manual, where applicable, and other appropriate materials and <br />shall perform all Services in accordance with the standards of care, skill and diligence required in <br />Appendix “A” or, if not set forth therein, ordinarily exercised by competent professionals doing work <br />of a similar nature. <br />38. No Third-Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto. Other <br />than the indemnity rights under this Contract, nothing contained in this Agreement is intended or shall <br />be construed to confer upon any person or entity (other than the parties hereto) any rights, benefits or <br />remedies of any kind or character whatsoever. <br />39. No Investment in Iran. As required by IC 5-22-16.5, the CONSULTANT certifies that the <br />CONSULTANT is not engaged in investment activities in Iran. Providing false certification may <br />result in the consequences listed in IC 5-22-16.5-14, including termination of this Contract and denial <br />of future state contracts, as well as an imposition of a civil penalty. <br />40. Assignment of Antitrust Claims. The CONSULTANT assigns to the State all right, title and <br />interest in and to any claims the CONSULTANT now has, or may acquire, under state or federal <br />antitrust laws relating to the products or services which are the subject of this Contract. <br />[Remainder of Page Intentionally Left Blank]