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Contract No. ML14012
<br />10. STOP WORK - SCAQMD may, at any time, by written notice to CONTRACTOR, require CONTRACTOR to
<br />stop all or any part of the Statement of Work tasks in this Contract. A stop work order may be issued for
<br />reasons including, but not limited to, the project exceeding the budget, out of scope work, delay in project
<br />schedule, or misrepresentations. Upon receipt of the stop work order, CONTRACTOR shall immediately
<br />take all necessary steps to comply with the order. CONTRACTOR shall resume the work only upon receipt
<br />of written instructions from SCAQMD cancelling the stop work order. CONTRACTOR agrees and
<br />understands that CONTRACTOR will not be paid for performing work while the stop work order is in effect,
<br />unless SCAQMD agrees to do so in its written cancellation of the stop work order.
<br />11. INSURANCE - CONTRACTOR represents that it is permissibly self- insured and will maintain such self -
<br />insurance in accordance with applicable provisions of California law throughout the term of this Contract.
<br />CONTRACTOR shall provide evidence of sufficient coverage during the term of this Contract and any
<br />extensions thereof that meet or exceed the minimum requirements set forth by the SCAQMD below. The
<br />certificate of self- insurance shall be mailed to: SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765-
<br />4178, Attention: Cynthia Ravenstein, MSRC Contracts Administrator. The SCAQMD Contract Number
<br />must be included on the face of the certificate. If CONTRACTOR fails to maintain the required insurance
<br />coverage, SCAQMD reserves the right to terminate the Contract or purchase such additional insurance and
<br />bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. Minimum
<br />insurance coverages are as follows:
<br />A. Worker's compensation insurance in accordance with either California or other state's
<br />applicable statutory requirements.
<br />B. General Liability insurance with a limit of at least $1,000,000 per occurrence, and
<br />$2,000,000 in general aggregate.
<br />C. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per
<br />accident for bodily injuries and $50,000 in property damage, or $1,000,000 combined
<br />single limit for bodily injury or property damage,
<br />12. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend and indemnify SCAQMD, its officers,
<br />employees, agents, representatives, and successors -in- interest against any and all loss, damage, costs,
<br />lawsuits, claims, demands, causes of action judgments, attorney's fees, or any other expenses arising from
<br />or related to any third party claim against SCAQMD, its officers, employees, agents, representatives, or
<br />successors in interest that arise or result in whole or in part, from any actual or alleged act or omission of
<br />CONTRACTOR, its employees, subcontractors, agents or representatives in the performance of this
<br />Contract.
<br />13. DISCLAIMER OF WARRANTY - The purchase or lease of funded vehicles /equipment is the
<br />CONTRACTOR's decision. The SCAQMD does not make any express or implied warranty of
<br />merchantability, fitness for a particular purpose or otherwise, quality or usefulness of the technology or
<br />product. Without limiting the foregoing, the SCAQMD will not be financially responsible, or otherwise liable,
<br />for the installation or performance of the vehicle /equipment.
<br />14. PAYMENT
<br />A. SCAQMD shall reimburse CONTRACTOR up to a total amount of Two Hundred Forty Four Thousand
<br />Dollars ($244,000) in accordance with Attachment 2 — Payment Schedule expressly incorporated herein
<br />by this reference and made a part hereof of the Contract.
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