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<br />7.2 PROJECT INFORMATION
<br />7.2.1 The Owner shall furnish all surveys, record drawings, and other information describing legal
<br />limitations, physical conditions, soils and subsurface conditions and utility locations material to the
<br />Work. The Owner shall provide SEH D|B with copies of all prior evaluations, studies, reports, or
<br />existing documentation regarding the condition of Water Tanks, or any concerns or complaints
<br />regarding the condition or operation of the Tank(s) or other work subject to this Agreement. The
<br />Owner shall secure and pay for necessary permits, approvals, variances, easements, assessments and
<br />charges required for the construction, use or occupancy of the Water Tank. If the Owner becomes
<br />aware of any fault or defect in the Project, it shall give prompt notice thereof to SEH D|B.
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<br />8. INDEMNIFICATION
<br />To the fullest extent permitted by law, SEH D|B agrees to indemnify the Owner, and its officers, employees, agents,
<br />contractors, volunteers and public officials, from and against all claims, damages, losses, and expenses, including
<br />attorney fees, attributable to the negligent, or otherwise wrongful act or omission, including breach of a specific
<br />contractual duty, of SEH D|B, its employees, agents, contractors, or delegates under this Agreement.
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<br />9. INSURANCE
<br />SEH D|B shall secure and maintain such insurance as will protect SEH D|B from claims under the Worker's
<br />Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may
<br />arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less
<br />than:
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<br />Commercial General Liability $1,000,000 each occurrence/aggregate
<br />Automobile Liability $1,000,000 combined single limit
<br />Excess/Umbrella Liability $2,000,000 each occurrence/aggregate
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<br />The Owner shall be named as an additional insured on the general liability and umbrella policies. The Commercial General
<br />Liability policy shall include coverage for premises, operations, personal injury, advertising injury and contractually
<br />assumed liability.
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<br />SEH D|B or its engineering subconsultant shall secure and maintain a professional liability insurance policy. Said policy
<br />shall insure payment of damages for legal liability arising out of the performance of professional services for the Owner,
<br />in the insured's capacity as engineer, if such legal liability is caused by a negligent act, error or omission of the insured or
<br />any person or organization for which the insured is legally liable. Said policy shall provide minimum limits of $1,000,000
<br />with a deductible maximum of $200,000 unless the Owner agrees to a higher deductible.
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<br />Before commencing work, SEH D|B shall upon written request, provide the Owner a certificate of insurance evidencing
<br />the required insurance coverage in a form acceptable to Owner. The certificate shall provide that such insurance cannot
<br />be cancelled until thirty (30) days after the Owner has received written notice of the insurer’s intention of cancel this
<br />insurance.
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<br />10. INDEPENDENT CONTRACTOR
<br />The Owner hereby retains SEH D|B as an independent contractor upon the terms and conditions set forth in this Agreement.
<br />SEH D|B is not an employee of the Owner and is free to contract with other entities as provided herein. SEH D|B shall be
<br />responsible for selecting the means and methods of performing the work. SEH D|B shall furnish any and all supplies,
<br />equipment, and incidentals necessary for SEH D|B's performance under this Agreement. Owner and SEH D|B agree that
<br />SEH D|B shall not at any time or in any manner represent that SEH D|B or any of SEH D|B's agents or employees are in
<br />any manner agents or employees of the Owner. SEH D|B shall be exclusively responsible under this Agreement for
<br />SEH D|B's own FICA payments, workers compensation payments, unemployment compensation payments, withholding
<br />amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or
<br />regulation.
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