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...... !, . . . . Errors and Omissions or Professioanl Liability Insurance Policy in at least the amount of TWO HUNORE~ THOUSANO OOLLARS ($200,000.00) minimum coverage. Both policies shall remain in effect for the duration of the contract and for at least 1 year beyond the completion and acceptance of the facility. The ENGINEER shall be responsible for all claims, damages, losses or expenses, including attorneyls fees., arising out of or resulting from the perfonnance of Professi onal Servi ces contempl ated in thi s Contract, pro- vided that any such claim damage, loss or expense is attributable to bodily injury, or death, or to injury to or destruction of tangible property, or use resulting therefrom, and is caused, in whole or in part, by any negli- gent or willful act, error or omi ssion of the ENGINEER, any consul tant or associ ate thereof, anyone di rectly or indi rectly employed by the ENGINEER, or anyone for whose acts the ENGINEER is responsible. SECTION F - APPROVAL BY CWCB This Agreement shall not become effective upon the Cucharas Sanitation and Water District until approved by CWCB. Such approval shall be evi- denced by the signature of a duly authorized representative of CWCB in the space provided at the end of this Agreement. The approval so evidenced by CWCB shall in no way commit CWCB to render financial assistance to the OWNER and is without 11 abil ity for any payment hereunder, but in the event such assistance is provided, the approval shall signify that the provisions of this Agreement are consistent with the requirements of CWCB. SECTION G - FUNDS CONTINGENT ON CWCB APPROVAL The parties acknowledge that partial funding for the feasibility study provided for in this Agreement will be provided by the CWCB. The OWNER agrees that it will promptly review all invoices submitted by the ENGINEER, and promptly forward each invoice it approves to CWCB for processing and payment. However, the parties acknowledge and agree that the OWNER shall not be responsibl e for del ays in payment caused by the failure of CWCB promptly to process any pay approved invoices, or for any other failure whatsoever of CWCB to approve or make funds available for payment to the ENGINEER. Simil arly, the OWNER will make payment only as invoiced by the ENGINEER and approved by the CWCB pursuant to thi s Agreement. - 6 -