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DRAFT <br />6.9 Counterparts. This Agreement may be executed by the parties hereto in separate <br />counterparts, each of which when so executed and delivered shall be an original, but all such <br />counterparts shall together constitute one and the same instrument. Each counterpart may consist <br />of any number of copies hereof each signed by less than all, but together signed by all of the parties <br />hereto. <br />6.10 Exhibits. The exhibits attached hereto are incorporated herein and made a part <br />hereof for all purposes. <br />6.11 Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, <br />OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING <br />FROM THE SERVICES OF THE ENGINEER PURSUANT TO THIS AGREEMENT. <br />ENGINEER HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS <br />AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "CITY") FOR <br />DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING <br />AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL <br />MISCONDUCT OF CITY. ENGiNEER AGREES TO INDEMNIFY AND SAVE HARMLESS <br />CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, <br />COSTS (INCLUDiNG COURT COSTS, ATTORNEYS' FEES AND COSTS OF <br />INVESTIGATION) AND ACTIONS OF ANY K1ND BY REASON OF iNJURY TO OR DEATH <br />OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY ARISING FROM THE <br />ENGINEER'S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY <br />REASON OF ANY ACT OR OMISSION ON THE PART OF ENGINEER, ITS OFFICERS, <br />DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, <br />SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT <br />WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES <br />ARISE FROM OR ARE ATTRIBUTED TO THE SOLE NEGILGENCE OF THE CITY). THE <br />ENGINEER'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE <br />LIMITS OF COVERAGE OF iNSURANCE MAINTAINED OR REQUIRED TO BE <br />MAINTAINED BY ENGINEER UNDER THIS AGREEMENT. THIS PROVISION SHALL <br />SURVIVE THE TERMINATION OF THIS AGREEMENT <br />6.12 Audits and Records. The Engineer agrees that during the term hereof the City and <br />its representatives may, during normal business hours and as often as deemed necessary, inspect, <br />audit, examine and reproduce any and all of the Engineer's records relating to the services provided <br />pursuant to this Agreement for a period of one year following the date of completion of services as <br />determined by the City or date of termination if sooner. <br />6.13 Conflicts of Interests. The Engineer represents that no official or employee of <br />the City has any direct or indirect pecuniary interest in this Agreement. <br />6.14 Insurance. <br />(a) Engineer shall during the term hereof maintain in full force and effect the following <br />insurance: (1) a policy of insurance for bodily injury, death and property damage <br />insuring against all claims, demands or actions relating to the Engineer's <br />S:Acitydata\Attorney\CnN"CRAC'1'S\Grantham & Associates - enaineering services - C°apital lmprovement Plan.doc <br />- 4 - 6;64G <br />