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employees, representatives, volunteers, and student externs from and against any and all damages
<br />to property or injuries to or death of any person or persons, including property and employees or
<br />agents of the CITY, and shall defend, indemnify and save harmless the CITY, its officers, agents,
<br />employees, representatives, volunteers, and student externs from and against any and all claims,
<br />demands, suits, actions or proceedings of any kind or nature, including, but not by way of
<br />limitation, workers compensation claims and attorney fees/expenses for litigation or settlement,
<br />resulting from or arising out of the negligent or wrongful acts, errors or omissions of the
<br />SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers arising
<br />out of the SUBRECIPIENT's performance of this AGREEMENT.
<br />X. ENVIRONMENTAL CONDITIONS
<br />A. Generally
<br />ESG activities are subject to environmental review by HUD under the environmental regulations
<br />in 24 CFR Part 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not
<br />acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a
<br />project under this part, or commit or expend HUD or local funds for eligible activities under this
<br />part, until HUD has performed an environmental review under 24 CFR part 50 and the recipient
<br />has received HUD approval of the property.
<br />The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as
<br />they apply to the performance of this AGREEMENT, including but not limited to the Clean Air
<br />Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable,
<br />the SUBRECIPIENT also shall comply with the Historic Preservation requirements of National
<br />Historic Preservation Act of 1966.
<br />B. Lead -based paint remediation and disclosure
<br />The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -
<br />Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing
<br />regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted
<br />under ESG program and all housing occupied by program participants that were built before
<br />1978.
<br />C. Assignment of Responsibilities
<br />By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all
<br />responsibilities set forth in Subpart K of 24 CFR 35.
<br />D. Compliance with Subpart K
<br />The purpose of Subpart I{ is to establish procedures to eliminate as far as practicable lead -based
<br />paint ("LBP") hazards in a residential property that receives Federal assistance under certain
<br />HUD programs for acquisition, leasing, support services, or operation. In connection with the
<br />grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and
<br />show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart
<br />K ("LBP Regs").
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