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L. If the Construc on Contract Documents specifically require the Contractor to provide professional design services or cer fica ons by a design professional related to systems, materials, or equipment, the Engineer shall specify the appropriate performance and design criteria that such services must sa sfy. The Engineer shall review and take appropriate ac on on Shop Drawings and other submi als related to the Work designed or cer fied by the Contractor’s design professional, provided the submi als bear such professional’s seal and signature when submi ed to the Engineer. The Engineer’s review shall be for the limited purpose of checking for conformance with informa on given and the design concept expressed in the Contract Documents. The Engineer shall be en tled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, cer fica ons, and approvals performed or provided by such design professionals. M. Village shall bear full responsibility and liability for the genera on, existence, or presence of any toxic, hazardous, radioac ve, infec ous, mutagenic, teratogenic, carcinogenic, explosive, combus ble, or other dangerous substances (“hazardous materials”) pre-exis ng at the site. Village affirms certain addi onal responsibili es under the Agreement, including without limita on the following: 1. Village shall grant or cause to be granted a license of right-of-way to Engineer to access all sites necessary for the performance of the Services under this Agreement. 2. Village shall furnish or cause to be furnished to Engineer all documents and informa on known to Village that relate to the iden ty, loca on, quan ty, nature, or characteris cs of any hazardous materials at or near the site(s). 3. Unless otherwise required by law or set forth in this Agreement, Village shall be responsible for accurately loca ng and prominently marking all buried, concealed, or submerged pipes, tanks, cables, u li es or other man-made obstruc ons (“underground facili es”) that may affect or be affected by Engineer’s services. N. Unless otherwise included under this Agreement, the par es acknowledge that Engineer’s Task Authoriza on does not include any services related to a Hazardous Environmental Condi on (the presence of asbestos, PCBs, petroleum, hazardous substances or waste, and radioac ve materials). Village represents to Engineer that, to the best of its knowledge, a Hazardous Environmental Condi on does not exist at the Site, except as expressly disclosed to the Engineer in wri ng. If Engineer or any other party encounters a Hazardous Environmental Condi on, Engineer may, at its op on and without liability for consequen al or any other damages, suspend performance of services on the por on of the Project affected thereby un l Village: (i) retains appropriate specialist Engineers or contractors to iden fy and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condi on; and (ii) warrants that the Site is in full compliance with applicable Laws and Regula ons. Page 3 V. E. Aurora-B&L MSA FY 2026-27 (ID 3593336).docx