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<br />AGREEMENT NO. C.9.0823 <br /> <br />5. Such other information as requested by AUTHORITY. <br />2 ARTICLE 5. DELEGATED AUTHORITY <br />3 The actions required to be taken by CITY in the implementation of this Agreement are <br />4 delegated to its Director of Public Works or his designee and the actions required to be taken by <br />5 AUTHORITY in the implementation of this Agreement are delegated to its Chief Executive Officer. <br />6 ARTICLE 6. ORDER OF PRECEDENCE <br />7 Conflicting provisions hereof, if any, shall prevail in the following descending order of <br />8 precedence: (1) the provisions of this Agreement, including all exhibits; (2) all other documents, if <br />9 any, cited herein or incorporated by reference. <br />10 ARTICLE 7. INDEMNIFICATION <br />11 A. CITY shall indemnify. defend and hold harmless AUTHORITY, its officers, directors. <br />12 employees and agents from and against any and all claims (including attorney's fees and <br />13 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including <br />14 death, damage to or loss of use of property caused by the negligent acts, omissions, or willful <br />15 misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in <br />16 connection with or arising out of the performance of this Cooperative Agreement. <br />17 B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full <br />18 indemnification of AUTHORITY. <br />19 ARTICLE 8. FUNDS AVAILABILITY <br />20 This Agreement will allow AUTHORITY to pass along the Federal Funds from the Federal <br />21 Grant to CITY. The Federal Funds are subject to the terms and conditions of this Agreement, the <br />22 Federal Grant, and the applicable requirements of AUTHORITY and the FT A. All funds are <br />23 contingent upon federal appropriation from October 1,2009 to March 31, 2010. <br />24 ARTICLE 9. FEDERAL. STATE AND LOCAL LAWS <br />25 CITY warrants that in the performance of this Agreement, it shall comply with all applicable <br />26 federal, state and local laws, statutes and ordinances and all lawful orders. rules and regulations <br />Page 7 of 12 <br />