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commissions, employees, and agents, as additional insureds; and <br /> <br /> (d) Providing that Consultant's insurance coverage shall be primary <br /> insurance with respect to City, its Council, officers, boards, <br /> commissions, employees, and agents, and any insurance or self- <br /> insurance maintained by City for itself, its Council, officers, boards, <br /> commissions, employees, or agents shall be in excess of <br /> Consultant's insurance and not contributory with it. <br /> <br />11. COVENANT AGAINST CONTINGENT FEES. Consultant hereby <br /> warrants that Consultant has not employed or retained any company or person, <br /> other than a bena fide employee working for Consultant, to solicit or secure this <br /> Agreement, and Consultant has not paid or agreed to pay any company or <br /> person, other than a bona fide employee, any fee, commission, percentage, <br /> brokerage fee, gift, or any other consideration contingent upon or resulting from <br /> the award or formation of this Agreement. For breach or violation of this <br /> warranty, City shall have the right to annul this Agreement without liability, or at <br /> City's discretion, to deduct from the Agreement price or consideration, or <br /> otherwise recover, the full amount of such fee, commission, percentage, <br /> brokerage fee, gift or contingent fee. <br /> <br /> 12. NOTICES. Written notices required or convenient hereunder shall be <br />delivered personally or by depositing the same with the United States Postal <br />Service, first class (or equivalent) postage prepaid and addressed, in the case of <br />Consultant to: <br /> Mr. Donald G. Warren, President <br /> STONYBROOK ASSOCIATES, INC., <br /> 125 Stonybrook Road <br /> <br />Agmt-120 7 <br />G:~shared~,edwood\Council <br />DES:rnge <br />0O/02/97 <br /> <br /> <br />