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Contractor's Duties and Representations.


Notwithstanding anything to the contrary contained in this Agreement, University and Contractor agree and acknowledge that University is entering into this Agreement in reliance on Contractor's special and unique knowledge and abilities with respect to performing the Work. Contractor accepts the relationship of trust and confidence established between it and University by this Agreement. Contractor covenants with University to use its best efforts, skill, judgment, and abilities to perform the Work and to further the interests of University in accordance with University’s requirements and procedures, in accordance with the highest standards of Contractor’s profession or business and in compliance with all applicable national, federal, state and municipal, laws, regulations, codes, ordinances and orders and with those of any other body or authority having jurisdiction. Contractor warrants, represents, covenants, and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Work.


Contractor warrants, represents, covenants, and agrees that all of the Work to be performed by Contractor under or pursuant to this Agreement shall be of the standard and quality that prevail among similar businesses and organizations of superior knowledge and skill engaged in providing similar services in major United States urban areas under the same or similar circumstances and involving an undertaking such as the Project.


Contractor warrants, represents, covenants, and agrees that the Work will be accurate and free from any material errors. Contractor's duties as set forth herein shall at no time be in any way diminished by reason of any approval by University nor shall Contractor be released from any liability by reason of such approval by University, it being understood that University at all times is ultimately relying upon Contractor's skill and knowledge in performing the Work.


Contractor warrants, represents, covenants, and agrees to maintain a staff of properly trained and experienced personnel to ensure satisfactory performance under this Agreement. The Contractor warrants, represents, covenants, and agrees that all persons connected with the Contractor directly in charge of the Work are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction, if so required by such laws, rules and regulations. Contractor shall assign to University a designated representative who shall be responsible for the administration and coordination of the Work. Contractor represents and agrees to furnish efficient business administration and coordination and perform the Work in an expeditious and economical manner consistent with the interests of University.


Contractor warrants, represents, covenants, and agrees that it is aware of and is fully informed about the various problems known generally as the “Year 2000 Problem.” Upon written request, Contractor shall provide University with evidence reasonably satisfactory to University, that Contractor is Year 2000 compliant and will not fail to perform the Work in accordance with the terms of this Agreement due to the Year 2000 Problem. Contractor shall be liable to University for all loss and damage suffered by University for any and all delay in performance of or failure to perform Contractor’s duties and obligations under the terms of this Agreement that are directly or indirectly related to the Year 2000 Problem.




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