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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, and <br />no breach of this Contract excused, unless such waiver or excuse is approved in writing and signed by <br />the party claimed to have waived such right. Neither the LPA’s review, approval or acceptance of, nor <br />payment for, the Services required under this Contract shall be construed to operate as a waiver of any <br />rights under this Contract or of any cause of action arising out of the performance of this Contract, and <br />the CONSULTANT shall be and remain liable to the LPA in accordance with applicable law for all <br />damages to the LPA caused by the CONSULTANT's negligent performance of any of the Services <br />furnished under this Contract. <br /> <br />37. Work Standards/Conflicts of Interest. The CONSULTANT shall understand and utilize all relevant <br />INDOT standards including, but not limited to, the most current version of the Indiana Department of <br />Transportation Design Manual, where applicable, and other appropriate materials and shall perform all <br />Services in accordance with the standards of care, skill and diligence required in Appendix “A” or, if <br />not set forth therein, ordinarily exercised by competent professionals doing work of a similar nature. <br /> <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 /> <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 result <br />in the consequences listed in IC 5-22-16.5-14, including termination of this Contract and denial of future <br />state contracts, as well as an imposition of a civil penalty. <br /> <br />40. Assignment of Antitrust Claims. The CONSULTANT assigns to the State all right, title and interest <br />in and to any claims the CONSULTANT now has, or may acquire, under state or federal antitrust laws <br />relating to the products or services which are the subject of this Contract. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />[Remainder of Page Intentionally Left Blank]