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~ ~ <br />contractor and architect in reviewing design proposals, construction documents and bid packages <br />for conformance with Owne~"s scope, quality standards, and budget; assist the Owner in <br />analyzing the Project Budget, allocating unit costs for components of the Project, and seeking <br />ways to reduce construction costs; and develop and maintain orderly Project records, including <br />correspondence, reports and copies of original documents, addenda, change orders, <br />supplementary drawings and specifications as may be required to memorialize the construction <br />document de~~elopment phase and the costs associated therewith. <br />4.3 Emplovees <br />All individuals utilized by Manager in performing its obligations under this <br />Agreement shall be employees of Manager and not Owner, and Manager shall be responsible for <br />all wages, salaries, benefits, profit sharing, vacations, or any other form of compensation or <br />benefit owed to such employees and for all withholding, workers' compensation insurance, and <br />any other payment owed to a governmental entity on account of such employment. <br />Individuals utilized by Manager to perform key roles on this Proj~c: shall, so long <br />as they remain in the employ of the Manager, perform in those roles for the duration of this <br />Agreement, unless agreed otherwise in advance, in writing by the Owner, which agreement shall <br />not be unreasonably withheld or delayed. The Owner shall have the right to approve persons <br />proposed by the Manager to replace such key individuals, which approval shall not be <br />unreasonably withheld or delayed. <br />Manager shall provide workers' compensation coverage before labor under this <br />Agreement commences for all individuals employed by Manager who are not exempt from <br />coverage. <br />4.4 Conformance to Law <br />Throughout the Tecm of this Agreement, Manager shall obtain and hold all <br />governmental licenses, authorizations, and pernuts necessary to its performance of its obligations <br />under this Agreement. Manager shall, in performing its obligations under this Agreement, <br />comply with all Applicable Laws or governmental rules or regulations. Without in any manner <br />limiting the applicability of the foregoing, to the extent the following are applicable to Manager, <br />Manager shall comply with the same; the provisions of ORS 279.312, 279.314, 279.316 and <br />279.320, which are attached as Exhibit B, as required by Oregon law, and FTA Requirements if, <br />and to the extent, required by federal law. Owner shall also comply with all Applicable Laws. <br />This Agreement shall be governed by and construed in accordance with the laws of the State of <br />Oregon. Any litigadon between the Owner and the Manager arising out of or related to this <br />Agreement shall be brought and maintained only in the Circuit Court of Marion County in <br />Salem, Oregon. ~ <br />4.~ PaY~~~ <br />Manager shall not be responsible for holding funds of Owner. Manager shall be <br />responsible for proc;essing all Project related invoices, taking reasonable steps to review the <br />5 o~as~9o.o~ <br />