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<br />Page 15 of 27 <br />Consultant’s services on the Project. Consultant may reasonably rely upon the accuracy, <br />timeliness, and completeness of the information provided by the Diversion Authority. <br /> <br />26. ACCESS TO FACILITIES AND PROPERTY. The Diversion Authority will make its <br />facilities accessible to Consultant as required for Consultant’s performance of its services <br />and will provide labor and safety equipment as required by Consultant for such access. The <br />Diversion Authority will perform, at no cost to Consultant, such tests of equipment, <br />machinery, pipelines, and other components of the Diversion Authority’s facilities as may <br />be required in connection with Consultant’s services. <br /> <br />27. TIMELY REVIEW. The Diversion Authority will examine Consultant’s studies, reports, <br />sketches, drawings, specifications, proposals, and other documents; obtain advice of an <br />attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other <br />consultants as the Diversion Authority deems appropriate; and render in writing decisions <br />required by the Diversion Authority in a timely manner. <br /> <br />28. PROMPT NOTICE. The Diversion Authority will give prompt written notice to Consultant <br />whenever the Diversion Authority observes or becomes aware of any development that <br />affects the scope or timing of Consultant’s services, or of any suspected or actual defect in <br />the work of Consultant or Consultant’s subcontractors. <br /> <br />29. ASBESTOS OR HAZARDOUS SUBSTANCES. If asbestos or hazardous substances in any <br />form are encountered or suspected, Consultant will stop its own work in the affected <br />portions of the Project to permit testing and evaluation. If asbestos is suspected, Consultant <br />will, if requested, manage the asbestos remediation activities using a qualified subcontractor <br />at an additional fee and contract terms to be negotiated. If hazardous substances other than <br />asbestos are suspected, Consultant will, if requested, conduct tests to determine the extent of <br />the problem and will perform the necessary studies and recommend the necessary remedial <br />measures at an additional fee and contract terms to be negotiated. Client recognizes that <br />Consultant assumes no risk and/or liability for a waste or hazardous waste site originated by <br />other than Consultant. Under no circumstances shall Consultant be considered to be a <br />generator, storer or transporter of hazardous substances or materials with regard to services <br />provided under this Agreement or the Initial Agreement. <br /> <br />30. CONTRACTOR INDEMNIFICATION AND CLAIMS. <br /> <br />A. The Diversion Authority agrees to include in all construction contracts provisions <br />providing contractor indemnification of the Diversion Authority and Consultant for <br />contractor’s negligence. <br /> <br />B. The Diversion Authority shall require construction contractor(s) to name the Diversion <br />Authority, the State of North Dakota, Consultant, and its subcontractors as additional <br />insureds on the contractor’s general liability insurance policy. <br /> <br />C. The Diversion Authority agrees to include the following clause in all contracts with <br />construction contractors, and equipment or materials suppliers: “Contractors, <br />subcontractors, and equipment and material suppliers on the Project, or their sureties, DRAFT