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(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
<br /> by any federal department or agency;
<br /> (b) Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment
<br /> rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
<br /> obtain, or performing a public (federal, state or local) transaction or contract under a public transaction;
<br /> violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
<br /> falsification or 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
<br /> services. The Contractor shall be responsible for any and all disputes arising out of its contracts for work on the
<br /> Project. Neither the State Water Board nor ABAG will mediate disputes between the Contractor and any other
<br /> entity 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
<br /> others to do so. if any such work is copyrightable, the Contractor may copyright the same, except that, as to any
<br /> work which is copyrighted by the Contractor, the State and ABAG reserve a royalty -free, nonexclusive, and
<br /> irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do
<br /> so, and to 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
<br /> and 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
<br /> brought against ABAG or the State Water Board from and against any and all losses, claims, damages,
<br /> liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from,
<br /> or in any way connected with (1) the System or the Project or the conditions, occupancy, use, possession,
<br /> conduct or management of, work done in or about, or the planning, design, acquisition, installation or
<br /> construction, of the System or the Project or any part thereof; (2) the carrying out of any of the transactions
<br /> contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or
<br /> regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental
<br /> Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California
<br /> Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the California
<br /> Hazardous Waste Control Law and California Water Code section 13304, and any successors to said laws), rule
<br /> or regulation or the release of any toxic substance on or near the System; or (4) any untrue statement or alleged
<br /> untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make
<br /> the statements required to be stated therein, in light of the circumstances under which they were made, not
<br /> misleading with respect to any information provided by the Contractor for use in any disclosure document
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