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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.
<br />R. E,NVIRONMRNTALCONDITIONS
<br />A. Generallv
<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 />insofar. as_they_apply_to_the_performance_of.this_AGREEMENT,_includiug. but uot.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 naint 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 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. om IiancewithSubpa K
<br />The purpose of Subpart K is to establish procedures to eliminate as for as practicable
<br />load -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
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