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<br />10. The Engineer will include in all contracts and subcontracts a requirement that the Contractor maintain all <br />relevant project records for three (3) years after the Locality has made final payment to the Contractor <br />and all other pending matters are closed. <br /> <br />STANDARD OF PERFORMANCE AND DEFICIENCIES <br /> <br />1. All services of the Engineer and its independent professional associates, consultants and subcontractors <br />will be performed in a professional, reasonable and prudent manner in accordance with generally <br />accepted professional practice. The Engineer represents that it has the required skills and capacity to <br />perform work and services to be provided under this Contract. <br /> <br />2. The Engineer represents that services provided under this Contract shall be performed within the limits <br />prescribed by the Locality in a manner consistent with that level of care and skill ordinarily exercised by <br />other professional consultants under similar circumstances. <br /> <br />3. Any deficiency in Engineer's work and services performed under this contract shall be subject to the <br />provisions of applicable state and federal law. Any deficiency discovered shall be corrected upon notice <br />from Locality and at the Engineer's expense if the deficiency is due to Engineer's negligence. The <br />Locality shall notify. the Engineer in writing of any such deficiency and provide an opportunity for mutual <br />investigation and resolution of the problem prior to pursuit of any judicial remedy. In any case, this <br />provision shall in no way limit the judicial remedies available to the Locality under applicable state or <br />federal law. <br /> <br />4. The Engineer agrees to and shall hold harmless the Locality, its officers. employees. and agents from all <br />claims and liability of whatsoever kind or character due to or arising solely out of the negligent acts or <br />omissions of the Engineer, its officers, agents, employees. subcontractors, and others acting for or <br />under the direction of the Engineer doing the work herein contracted for or by or in consequence of any <br />negligence in the performance of this Contract, or by or on account of any omission in the performance <br />of this Contract. <br /> <br />NOTE: This document has imporlantlegal consequences. Please consult with your legal counsel with respect <br />to its completion or modification. <br /> <br />p/iGE. ~ ~F 13 <br /> <br />~ <br />