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X. <br />nature, including, but not by way of limitation, workers compensation <br />fees/expenses for litigation or settlement, resulting from or arising out <br />wrongful acts, errors or omissions of the SUBRECIPIENT, its officers, <br />agents, subcontractors, and suppliers arising out of the SUBRECIPIENT' <br />AGREEMENT. <br />A. Generally <br />claims and attorney <br />of the negligent or <br />directors, employees, <br />s performance of this <br />ESG activities are subject to environmental review by HUD under the environmental <br />regulations in 24 CFR Part 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, <br />may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property <br />for a project under this part, or commit or expend HUD or local funds for eligible activities under <br />this part, until HUD has performed an environmental review under 24 CFR part 50 and the <br />recipient has received HUD approval of the property. <br />The SUBRECIPIENT agrees to comply with all applicable environmental requirements <br />insofar as they apply to the performance of this AGREEMENT, including but not limited to the <br />Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If <br />applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of <br />National 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 <br />Lead -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 <br />all responsibilities set forth in Subpart K of 24 CFR 35. <br />D. Compliance with Subpart K <br />The purpose of Subpart K is to establish procedures to eliminate as far as practicable <br />lead -based paint ("LBP") hazards in a residential property that receives Federal assistance under <br />certain HUD programs for acquisition, leasing, support services, or operation. In connection with <br />the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply <br />and show evidence of compliance with all applicable subparts of 24 CFR Part 35, and especially, <br />Subpart K ("LBP Regs"). <br />The SUBRECIPIENT shall conduct the following activities for the dwelling unit, <br />common areas servicing the dwelling unit, and the exterior surfaces of the building in which the <br />dwelling unit is located: <br />(1) A visual assessment of all painted surfaces in order to identify deteriorated paint; <br />Page 17 of 23 <br />