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Contract Agreement Statement <br />1. Regarding Section 3 of the agreement, Dudek respectfully requests the ability to request annual <br />rate increases in line with applicable CPI. <br />2. Dudek respectfully requests the following be added to the end of Section 7 of the agreement: <br />"Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this <br />indemnity does not include providing the primary defense of the City, provided, however, the <br />Consultant shall be responsible for the City's defense costs to the extent such costs are <br />incurred as a result of the Consultant's negligence, recklessness, or willful misconduct." <br />Various Environmental Services iv <br />