|
4,11, Grantee's violation of any federal, state or local law or regulation,
<br />4.1.2. Grantee's breach of any of the terms or conditions of this Agreement, Including the
<br />Application and Timelino, or any unapproved deviation from Bald documents that has not
<br />been cured within 30 days of written notice of such breach,
<br />4.2, In the event the Agreement Is torminated under Section 4.1, City reserves the right to require
<br />Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
<br />agrees to refund to City any or all grant funds awarded under this Agreement.
<br />6. Limitation of Liability.
<br />5.1. IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
<br />CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF
<br />CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT
<br />OR THE ACTIVITIES COVERED HEREUNDER,
<br />6.2. Section 6 and Section 6 do not limit Grantee's rights, Including Its ability to seek recovery,
<br />against anyone other than City, Its directors, officers, employees, agents, successors and
<br />assigns.
<br />:l■IT=,I1 iGL�i9C"Pi1
<br />61, Grantee shall defend, indemnify, protect and hold harmless the City, and Its elected and
<br />appointed officers, employees, members or agents from and against all claims for damages,
<br />liability, cost and expense (Including without limitation attorney's fees) arising out of or alleged by
<br />third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of
<br />the Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
<br />wham Grantee is legally responsible in connection with the execution of the work covered by this
<br />Agreement. Grantee shall have no duty,to Indemnify or hold harmless the City If claims, damages,
<br />liability, costs, expenses (including without limitation, attorney's fees) arise from the sole
<br />nagligenca or sole willful misconduct of the City subsequent to declaration by the Grantee.
<br />Grantee's obligations shall survive the termination of this Agreement.
<br />0.2, Grantee agrees to hereby fully release and forever discharge the City from any and all claims,
<br />demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims"), which
<br />are or may he related to or In any way connected with the negligence or willful misconduct of Its
<br />officers, officials, employees, or agents In connection with the creation, painting, performance or
<br />installation of the Project hereunder,
<br />6.3. Grantee further agrees that City may In good falth and on reasonable terms settle any such
<br />claims and that City's right to indemnification shall extend to any such settlement, provided City
<br />has given notice of such claim and its Intent to settle, City's right to Indemnification is In addition
<br />to, and may be exercised independently of, any remedy hold by City under this Agreement, at law
<br />or In equity. The indemnity provision Be( forth in this Agreement shall survive the termination or
<br />expiration of this Agreement indefinitely.
<br />7, Insurance
<br />7.1 Prior to undertaking performance of work under this Agreement, Grantee shall maintain and
<br />shall require Its subcontractors, If any, to obtain and maintain Insurance as described below;
<br />
|