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<br />the court, which fee must be taxed as part of the prevailing party's costs, as allowed in <br />equitable actions. The time periods for service of a notice of nonpayment or for bringing <br />an action against a Design-Builder or a surety shall be measured from the last day of <br />furnishing labor, services, or materials by the claimant and shall not be measured by other <br />standards, such as the issuance of a certificate of occupancy or the issuance of a <br />certificate of substantial completion. <br /> <br />Article II: Desi!!n-Builder's Representations <br /> <br />11.1 Specific Representations. In order to induce Owner to execute this Agreement <br />and recognizing that Owner is relying thereon, Design-Builder, by executing this <br />Agreement, and without superseding, limiting, or restricting any other representation or <br />warranty set forth elsewhere in the Contract Documents, or implied by operation of law, <br />makes the following express representations to Owner: <br /> <br />.1 Design-Builder has substantial experience in being responsible for the <br />design and construction of skateboard parks of the kind provided for in <br />this Agreement, and the necessary skill to complete the Project. <br /> <br />.2 Design-Builder has significant experience in collaborating with the other <br />entities referenced in Design-builder's Proposal; <br /> <br />.3 Design-Builder is professionally and fully qualified to act as the design <br />professional and the general Contractor for the Project and is, and will <br />remain, licensed to practice engineering and architecture or general <br />contracting by all public entities having jurisdiction over Design-Builder <br />or the Project; <br /> <br />.4 Design-Builder will maintain all necessary licenses, permits or other <br />authorizations necessary to act as Design-Builder for the Project until <br />Design-Builder's duties under this Agreement have been fully satisfied; <br /> <br />.5 Design-Builder has the expertise, experience, and knowledge as well as <br />the necessary personnel and financial capability to perform the Design <br />Services and the Work in accordance with the terms of this Agreement; <br />and <br /> <br />.6 Design-Builder assumes full responsibility to Owner for the improper acts <br />and omissions of its Subcontractors or others employed or retained by <br />Design-Builder in connection with the Project. <br /> <br />. Article 12: Warranties <br /> <br />12.1 Warranty of Construction Workmanship and Materials. Design-Builder warrants <br />and guarantees to Owner that all labor furnished to perform the Construction Work under <br />