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C.Hold Harmless <br />The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its City <br />Council, officers, agents, employees, representatives, volunteers, and student externs from and <br />against any and all damages to property or injuries to or death of any person or persons, including <br />property and employees or agents of the CITY, and shall defend, indemnify and save harmless <br />the CITY, its City Council, officers, agents, employees, representatives, volunteers, and student <br />externs from and against any and all claims, demands, suits, actions or proceedings of any kind or <br />nature, including, but not by way of limitation, workers compensation claims and attorney <br />fees/expenses for litigation or settlement, resulting from or arising out of the negligent or <br />wrongful acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, <br />agents, subcontractors, and suppliers arising out of the SUBRECIPIENT's performance of this <br />AGREEMENT. X.ENVIRONMENTAL CONDITIONSA.Generally <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 perfonned 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 />_insofaras-they _appJy_to-the-performance_ofthis-AGREEMENI,-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 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 of24 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 />ce1iain HUD programs for acquisition, leasing, support services, or operation. In connection with <br />Page 17 of23 <br />EXHIBIT 4