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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 Worl~ 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 Worlc 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 <br />requirements of (Presidential) <br />24, 1965, as amended, and <br />thereunder. <br />the applicable employment practices <br />Executive Order II246 of September <br />applicable regulations promulgated <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 />covorage, 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/Empioyer'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 PART~IERSI-t1P PROGRAM AGREEMENT I6 <br />