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<br /> 16. REPRESENTATIONS AND WARRANTIES <br /> 16.1. Representation of both Parties. Each Party represents and warrants, as of <br /> the Effective Date and thereafter during the term of this Agreement, that: <br /> 16.1.1. The Authorized Work performed by a Party and/or its Contractors <br /> shall comply with the applicable requirements of all statutes, acts, <br /> ordinances, regulations, codes, and standards of federal, state, local <br /> and foreign governments, and all agencies thereof. <br /> 16.1.2. The Authorized Work performed by a Party and/or its Contractors <br /> shall be free of any claim of trade secret, trade mark, trade name, <br /> copyright, or patent infringement or other violations of any <br /> proprietary rights of any person. <br /> 16.1.3. Each Party shall conform to the applicable employment practices <br /> requirements of (Presidential) Executive Order 11246 of September <br /> 24, 1965, as amended, and applicable regulations promulgated <br /> thereunder. <br /> 16.1.4. Each Party shall contractually require each Contractor it hires to <br /> perform the Authorized Work to indemnify each other Party to the <br /> same extent such Party has indemnified each other Party under the <br /> terms and conditions of this Agreement. <br /> 16.1.5. Each Party shall retain, and shall cause its Contractors to retain, all <br /> records and documents pertaining to its Authorized Work obligations <br /> for a period of not less than five (5) years beyond the termination or <br /> expiration of this Agreement. <br /> 16.1.6. Each Party shall contractually require all of its Contractors to <br /> provide the other Parties reasonable access to relevant records and <br /> staff of Contractors concerning the Authorized Work. <br /> 16.1.7. Each Party will maintain, and may require its Contractors to <br /> maintain, the following insurance coverage or self insurance <br /> coverage, at all times during the term of this Agreement, with <br /> companies having an A.M. Best rating of "A-, VII" or better, or <br /> equivalent: <br /> (i) Workers' Compensation/Employer's Liability or <br /> Equivalent: statutory minimum. <br /> (ii) Commercial General Liability: $2 million minimum per <br /> occurrence/$4 million minimum aggregate. <br /> (iii) Commercial or Business Auto (if applicable): $1 million <br /> minimum. <br /> ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 16 <br /> 25G-18 <br /> <br />