CALIFORNIA DEPARTMENT OF PARK AND RECREATION (2)

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Bxhlblt B 'S. The GRANTEE and the STATE agree that if the GRANT SCOPE Inoludes DEVELOPMENT, final payment may not be made until tho work described in the GRANT SCOPE. is oomplote and the GRANT PROJECT Is open to the public.' P. Budget Contingonay Clause If MAIng for any fiscal year Is reduced ordeleted by tho budget act for purposes of this program, to STATE shall have the option to either cancel this,contraact with, no ifabliitit occurring to. the STATE, of offers CONTRACT amandmentto GRANITES to reflect the, reduced grant amount This Paragraph shall not require the mutual agreement as addressed In Paragraph E, provision 2, ofdhls CONTRACT. G, Hold Harmless 1. The GRAKM shall waive all claims and recourse against the STATE including the right to cohtrilution for Ibas or dome to persons or, property arising from, growing out'of or In any way connected with .or Inoiderd to this CONTRACT except claims arising fan the cmwft ent or sole negligence oflhe STATE, Ifs afNcws, . agents, and employees. 2, The GRANTEE shall Indemnify, hold harmless and defend the STATE, Its oflkters, agents and employees against any and all clalmd, demands, damages, costs, expenses or liability costs aflakig out of the AMUISITION, qIAMLOPMENT, construction; operation or maintonance of the property described as the project which claims, demands or causes of aotlbn arise under California Government Code Section 8061 or othewAw except for liability attsfng out of the concurrent or sale negligence of the STATE, its ollloers, agents, or employees. 3. The GRANTEE agreas that In the event the STAYS is named as ocdetendent underthe provisions of Califomia Government Code Section 896 at seq., the. GRANTEE shall nobly the STATIY of such fact and shall represent the STATE in the legal action urdess the STATE undertakes to represent Itself as codefendant in such legal action in which event the GRANTEE agreea to pay the SWIZZ, rattan costs, %"nsee, and reasonable attorney fees. 4. The GRANTEE and the STATE agree that in the event of Judgment entered agalnet the STATE and the GRANTEE because of the concurrent neglgence of the STATE and the GRANTEE, their officers, agents, or emptoyees, an apportionment of Itabiitly to pay suoh.Judgment ghats be made by a ooud of competent juitedlcgon, Neither party shall request a jury appoittnnmerd. S. The ORANTSE shall Indomnify, hold harmloss'and defend the STATE, its ofloers, • agents and employoes,agalnet any and all claims, demands, costs, expenses or liabipgr coo arising out of legal actions pursuant to hems to which the GRANTEE hasoortiffed, The GRANTEE adcnowladges that lt.ts.,solelyrasponolbtefor compliance with items to which it has ceriiffed. 4