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<br />ARTICLE XVIII - INDEMNIFICATION <br /> <br />CONSULTANT shall indemnify and save harmless the CITY and <br />UMTA against any and all claims, demands, suits, and <br />judgments of sums of money to any party for loss of life or <br />lnJury or damage to person or property growing out of, <br />resulting from, or by reason of any negligent act of <br />omission, operation, or work of CONSULTANT, its agents, <br />servants, or employees while engaged upon or in connection <br />with the services required or performed by CONSULTANT <br />hereunder. CONSULTANT does hereby assume all liability and <br />responsibility for injuries, claims, or suits for damages to <br />persons or property, of whatsoever kind or character, whether <br />legal or asserted, occurring during or arising out of <br />omission on the part of CONSULTANT, its officers, agents, <br />servants, employees, or subcontractors to the extent <br />permitted by law. <br /> <br />ARTICLE XIX - WAIVERS <br /> <br />A. Neither the CITY's review, approval, acceptance of, nor <br />payment for, the Services required under this Contract <br />shall be construed to operate as a waiver of any rights <br />under this Contract or of any cause of action arising <br />out of the performance of this Contract, and CONSULTANT <br />shall be and remain liable to the CITY in accordance <br />with applicable law for all damages to the CITY caused <br />by CONSULTANT's negligent act, error, or omission in the <br />performance of any of the Services furnished under this <br />Contract. <br /> <br />B. The waiver by the CITY of any breach of any term, <br />covenant, condition, or agreement herein contained shall <br />not be deemed to be a waiver of any subsequent breach of <br />the same, or of a breach of any other term, covenant, <br />condition, or agreement herein contained. <br /> <br />ARTICLE XX - DEBARRED BIDDERS <br /> <br />CONSULTANT, including any of its officers or holders of a <br />controlling interest, is obligated to inform the CITY whether <br />or not it is or has been on any debarred bidders I list <br />maintained by the United States Government. Should <br />CONSULTANT be included on such a list during the performance <br />of this project, it shall so inform the CITY: <br /> <br />ARTICLE XXI - SEVERABILITY <br /> <br />If any provision of this Contract, or the application thereof <br />to any person or circumstances, is rendered or declared <br />illegal for any reason or shall be invalid or unenforceable, <br />the remainder of this Contract, and the application of such <br />provision to other persons or circumstances, shall not be <br />affected thereby but shall be enforced to the greatest extent <br /> <br />-8- <br />