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<br />. <br /> <br />,. <br /> <br />r <br /> <br />.. <br /> <br />> <br /> <br />general liability insurance as will protect the OWNER and the <br />ENGINEER from all claims for bodily injury, death, or property <br />damage which may arise from the performance of the ENGINEER's <br />functions and services required under this Agreement by the <br />ENGINEER or by the ENGINEER's employees or by any Subcontractors <br />or by any person for whose acts either may be responsible. Such <br />comprehensive general liability insurance shall be written for <br />limits of liability of at least $200,000.00 per occurrence and <br />$500,000.00 aggregate. In addition, the ENGINEER promises and <br />agrees to maintain in full force and effect an Errors and Omis- <br />sions or Professional Liability Insurance Policy in at least the <br />amount of TWO HUNDRED THOUSAND DOLLARS ($200,000.00) minimum <br />coverage. Both policies shall remain in effect for the duration <br />of the contract and for at least 1 year beyond the completion <br />and acceptance of the facility. The ENGINEER shall be respon- <br />sible for all claims, damages, losses or expenses, including <br />attorney's fees, arising out of or resul ting from the <br />performance of Professional Services contemplated in this <br />contract, provided that any such claim, damage, loss or expense <br />is attributable to bodily injury, or death, or to injury to or <br />destruction of tangible property, or use resulting therefrom, <br />and is caused, in whole or in part, by any negligent or willful <br />act, error or omission of the ENGINEER, any consultant or asso- <br />ciate thereof, anyone directly or indirectly employed by the <br />ENGINEER, or anyone for whose acts the ENGINEER is responsible. <br /> <br />SECTION F - APPROVAL BY CWCB <br /> <br />This agreement shall not become effective upon the CWCB <br />until approved by ewCB. Such approval shall be evidenced by the <br />signature of a duly authorized representative of CWCB in the <br />space provided at the end of this Agreement. The approval so <br />evidenced by ewCB shall in no way commit ewCB to render finan- <br />cial assistance to the OWNER and is without liability for any <br />payment hereunder, but in the event such assistance is provided, <br />the approval shall signify that the provisions of this Agreement <br />are consistent with the requirements of CWCB. <br /> <br />SECTION G - FUNDS CONTINGENT ON ewCB APPROVAL <br /> <br />The parties acknowledge that the funding for the feasi- <br />bility study provided for in this agreement will be provided by <br />the ewCB. The OWNER agrees that it will promptly review all <br />invoices submitted by the ENGINEER, and promptly forward each <br />invoice it approves to ewCB for processing and payment. How- <br />ever, the parties acknowledge and agree that the OWNER shall not <br />be responsible for delays in payment caused by the failure of <br />ewCB promptly to process and pay approved invoices, or for any <br />other failure whatsoever of ewCB to approve or make funds avail- <br />able for payment to the ENGINEER. <br /> <br />-6- <br />