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require to verify the Contractor's Application for Payment or to ascertain how or for what
<br />purpose the Contractor has used the money paid by or on behalf of the Client.
<br />The Client agrees to require the Contractor, to the fullest extent permitted by law, to indemnify,
<br />hold harmless, and defend the Engineer, its consultants, and the employees and agents of any
<br />of them from and against any and all claims, suits, demands, liabilities, losses, damages, and
<br />costs ( "Losses "), including but not limited to costs of defense, arising in whole or in part out of
<br />the negligence of the Contractor, its subcontractors, the officers, employees, agents, and
<br />subcontractors of any of them, or anyone for whose acts any of them may be liable, regardless of
<br />whether or not such Losses are caused in part by a party indemnified hereunder. Specifically
<br />excluded from the foregoing are Losses arising out of the preparation or approval of maps,
<br />drawings, opinions, reports, surveys, change orders, designs, or specifications, and the giving of
<br />or failure to give directions by the Engineer, its consultants, and the agents and employees of
<br />any of them, provided such giving or failure to give is the primary cause of Loss. The Client also
<br />agrees to require the Contractor to provide to the Engineer the required certificate of insurance.
<br />The Client further agrees to require the Contractor to name the Engineer, its agents and
<br />consultants as additional insureds on the Contractor's policy or policies of comprehensive or
<br />commercial general liability insurance. Such insurance shall include products and completed
<br />operations and contractual liability coverages, shall be primary and noncontributing with any
<br />insurance maintained by the Engineer or its agents and consultants, and shall provide that the
<br />Engineer be given thirty days, unqualified written notice prior to any cancellation thereof.
<br />In the event the foregoing requirements, or any of them, are not established by the Client and
<br />met by the Contractor, the Client agrees to indemnify and hold harmless the Engineer, its
<br />employees, agents, and consultants from and against any and all Losses which would have been
<br />indemnified and insured against by the Contractor, but were not.
<br />When Contract Documents prepared under the Scope of Services of this contract require
<br />insurance(s) to be provided, obtained and /or otherwise maintained by the Contractor, the Client
<br />agrees to be wholly responsible for setting forth any and all such insurance requirements.
<br />Furthermore, any document provided for Client review by the Engineer under this Contract
<br />related to such insurance(s) shall be considered as sample insurance requirements and not the
<br />recommendation of the Engineer. Client agrees to have their own risk management department
<br />review any and all insurance requirements for adequacy and to determine specific types of
<br />insurance(s) required for the project. Client further agrees that decisions concerning types and
<br />amounts of insurance are specific to the project and shall be the product of the Client. As such,
<br />any and all insurance requirements made part of Contract Documents prepared by the Engineer
<br />are not to be considered the Engineer's recommendation, and the Client shall make the final
<br />decision regarding insurance requirements.
<br />25. Information Provided by Others: The Engineer shall indicate to the Client the information
<br />needed for rendering of the services of this Agreement. The Client shall provide to the Engineer
<br />such information as is available to the Client and the Client's consultants and contractors, and
<br />the Engineer shall be entitled to rely upon the accuracy and completeness thereof. The Client
<br />recognizes that it is impossible for the Engineer to assure the accuracy, completeness and
<br />sufficiency of such information, either because it is impossible to verify, or because of errors or
<br />Crooked L Ne Sidewalk P,oject September 6, 2013
<br />19 .R 1 30440 00000 Page I I
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