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cause compliance with audit report(s) required by applicable provisions of the Lead -Based Paint Regulations <br />as further detailed below. <br />VIII. EVALUATION AND MONITORING <br />A. Generally <br />The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards <br />as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as <br />required by the CITY in the administration and review of the Program. Substandard performance as <br />determined by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such <br />substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after <br />being notified by the CITY, contract suspension or termination procedures will be initiated. <br />B. Access to Records <br />The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and <br />the right to examine all records, books, papers, items, emails, and documents, both physical and <br />electronic, relating to the program. <br />C. Audit <br />The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. <br />Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, <br />records, and documents pertaining to related activities and clientele demographic data. <br />IX. LIABILITY <br />A. Generally <br />Each party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or <br />negligent omissions by or through itself, its employees, agents, and subcontractors. Each party further <br />agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent <br />acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one <br />to the other. In other words, the SUBRECIPIENT agrees to be fully responsible for its negligent acts or <br />omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to <br />be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be <br />construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter <br />arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity <br />where sovereign immunity applies. <br />B. CITY not Liable for Funds <br />The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass- through <br />grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT <br />with any funds other than the ESG Funds the CITY receives from HUD. <br />C. Hold Harmless <br />The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents, <br />employees, representatives, volunteers, and student externs from and against any and all damages to <br />property or injuries to or death of any person or persons, including property and employees or agents of <br />the CITY, and shall defend, indemnify and save harmless the CITY, its officers, agents, employees, <br />representatives, volunteers, and student externs from and against any and all claims, demands, suits, <br />actions or proceedings of any kind or nature, including, but not by way of limitation, workers <br />compensation claims and attorney fees /expenses for litigation or settlement, resulting from or arising out <br />13 <br />