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<br /> remedy in the event of a breach by the Grantee of this Contract shall be the specific performance of this Contract,
<br /> unless otherwise agreed to by the State.
<br /> 5. Grantee and State agree that if the Project includes development, final payment may not be made until the Project
<br /> conforms substantially to this Contract.
<br /> F~ Hold Harmless
<br /> Grantee shall waive all claims and recourse against the State including the right to contribution for loss or damage to
<br /> persons or property arising from, growing out of or in any way connected with or incident to this Contract except
<br /> claims arising from the concurrent or sole negligence of State, its officers, agents, and employees.
<br /> 2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees against any and all
<br /> claims demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction,
<br /> operation or maintenance of the property described as the Project which claims, demands or causes of action arise
<br /> under Govemment Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence
<br /> of State, its officers, agents, or employees. ,
<br /> 3. Grantee agrees that in the event State is named as codefendant under the provisions of Govemment Code Section
<br /> 895 et seq., the Grantee shall notify State of such fact and shall represent State in the legal action unless State
<br /> undertakes to represent itself as codefendant in such legal action in which event State shall bear its own litigation
<br /> costs, expenses, and attorney's fees.
<br /> 4. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the
<br /> concurrent negligence of the State and Grantee, their officers, agents, or employees, an apportionment of liability to
<br /> pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury
<br /> apportionment.
<br /> 5. Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees against any and all
<br /> claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the Grantee
<br /> has certified. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.
<br /> G. Financial Records
<br /> 1. Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them
<br /> available to the state for auditing at reasonable times. Grantee also agrees to retain such financial accounts,
<br /> documents and records for three years following Project termination or completion.
<br /> Grantee and State agree that during regular office hours each of the parties hereto and their duly authorized
<br /> representatives shall have the right to inspect and make copies of any books, records or reports of the other party
<br /> pertaining to this Contract or matters related thereto. Grantee shall maintain and make available for inspection by the
<br /> State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Contract.
<br /> 2• Applicant shall use a generally accepted accounting system.
<br /> H. Nondiscrimination
<br /> 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion,
<br /> ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this Contract.
<br /> 2• The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable
<br /> differences in admission or other fees may be maintained on the basis of resident and pursuant to law.
<br /> 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this
<br /> Contract or under provisions of the enabling legislation and/or program.
<br /> I• Application Incorporation
<br /> The Application and any subsequent change or addition approved by the State is hereby incorporated in this Contract
<br /> as though set forth in full in this Contract.
<br /> J. Severability
<br /> If any provision of this Contract or the application thereof is held invalid, that invalidity shall not affect other provisions
<br /> or applications of the Contract which can be given effect without the invalid provision or application, and to this end
<br /> the provisions of this Contract are severable.
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