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obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation
<br /> of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
<br /> destruction of records, making false statements, or receiving stolen property;
<br /> (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,
<br /> state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and
<br /> (d) Have not within a three (3) year period preceding this application/proposal had one or more public
<br /> transactions (federal, state or local) terminated for cause or default.
<br /> 4.16 [not applicable]
<br /> 4.17 Contractor's Responsibility for Work.
<br /> The Contractor shall be responsible for all work and for persons or entities engaged in work performed pursuant
<br /> to this Agreement. including, but not limited to, contractors, subcontractors, suppliers, and providers of services.
<br /> The Contractor shall be responsible for any and all disputes arising out of its contracts for work on the Project.
<br /> Neither the State Water Board nor ABAG will mediate disputes between the Contractor and any other entity
<br /> concerning responsibility for performance of work.
<br /> 4.18 [not applicable]
<br /> 4.19 Rights in Data.
<br /> The Contractor agrees that all data, plans, drawings, specifications, reports, computer programs, operating
<br /> manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to
<br /> the rights of the State as set forth in this section. The State and ABAG shall have the right to reproduce, publish,
<br /> and use all such work. or any part thereof, in any manner and for any purposes whatsoever and to authorize others
<br /> to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work
<br /> which is copyrighted by the Contractor, the State and ABAG reserve a royalty-free, nonexclusive. and irrevocable
<br /> license to reproduce. publish, and use such work, or any part thereof. and to authorize others to do so, and to
<br /> receive electronic copies from the Contractor upon request. (40 CFR §§ 31.34, 31.36)
<br /> 4.20 State and ABAG Reviews and Indemnification.
<br /> The parties agree that review or approval of Project plans and specifications by ABAG or the State Water Board
<br /> is for administrative purposes only and does not relieve the Contractor of its responsibility to properly operate and
<br /> maintain the Project. To the extent permitted by law, the Contractor agrees to indemnify, defend and hold
<br /> harmless ABAG and the State Water Board against any loss or liability arising out of any claim or action brought
<br /> against ABAG or the State Water Board from and against any and all losses, claims, damages. liabilities or
<br /> expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way
<br /> connected with (1) the System or the Project or the conditions, occupancy, use. possession, conduct or
<br /> management of, work done in or about, or the planning, design, acquisition, installation or construction, of the
<br /> System or the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this
<br /> Agreement or any related document; (3) any violation of any applicable law, rule or regulation. any environmental
<br /> law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and
<br /> Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act. the
<br /> Federal Water Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and
<br /> California Water Code section 13304, and any successors to said laws), rule or regulation or the release of any
<br /> toxic substance on or near the System; or (4) any untrue statement or alleged untrue statement of any material fact
<br /> or omission or alleged omission to state a material fact necessary to make the statements required to be stated
<br /> therein, in light of the circumstances under which they were made, not misleading with respect to any information
<br /> provided by the Contractor for use in any disclosure document utilized in connection with any of the transactions
<br /> contemplated by this Agreement. To the fullest extent permitted by law. the Contractor agrees to pay and
<br /> discharge any judgment or award entered or made against ABAG or the State Water Board with respect to any
<br /> such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section
<br /> shall survive the term of this Agreement.
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