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VIII. HOLD HARMLESS <br />SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, <br />agents, representatives and volunteers from and against any and all damages to or for loss of use of <br />property and for injuries to or death of any person or persons, including property and employees or <br />agents of CITY, and shall defend, indemnity and save harmless CITY, its officers, employees, <br />agents, representatives and volunteers from and against any and all claims, demands, suits, actions <br />or proceedings of any kind or nature, including, but not by way of limitation, workers compensation <br />claims and including attorney fees and reasonable expenses for litigation or settlement, resulting <br />from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its <br />officers, directors, employees, agents, subcontractors and suppliers arising out of <br />SUBRECIPIENT's performance of this Agreement. <br />IX. INSURANCE <br />SUBRECIPIENT represents that it is self-insured with limits not less than one million <br />dollars ($1,000,000) per accident for worker's compensation claims. Furthermore, <br />SUBRECIPIENT represents that it participates in the Fire Agencies Insurance Risk Authority <br />(FAIRA) pooled group general liability insurance program, and that through FAIRA, <br />SUBRECIPIENT maintains general liability coverage with a combined single limit of not less <br />than one million dollars ($1,000,000) per occurrence. SUBRECIPIENT shall: (a) prior to <br />exercising any right under this Agreement furnish CITY with a letter setting forth its self-insured <br />retention and a summary of its coverage under FAIRA; (b) not materially change or terminate <br />such insurance except on 30 days prior written notice to the CITY; and (c) maintain such <br />insurance for the period covered by this Agreement. SUBRECIPIENT's insurance shall be <br />primary with respect to insurance of self-insurance programs maintained by the CITY. <br />X. REVERSION OF ASSETS <br />A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any <br />CDBG fiords on hand at the time of the expiration of this Agreement as well as any accounts <br />receivable attributable to the use of CDBG funds. (24 CFR 570.503(b)(7).) <br />B. Any real property under SUBREC?PIENT's control that was acquired or improved <br />in whole or in part with CDBG funds in excess of $25,000.00 must either be: <br />(1) Used to meet one of the national objectives stated in 24 CFR 570.208 until <br />five (5) years after expiration of this Agreement, or for such longer period of <br />time as determined to be appropriate by CITY; or <br />(2) Not used in accordance with subparagraph I above, in which event <br />SUBRECIPIENT shall pay to CITY an amount equal to the current fair <br />market value of the property less any portion of the value attributable to the <br />expenditure of non-CDBG FUNDS for acquisition of, or improvement to, <br />the property. Such payment is program income to CITY. No such payment <br />is required following the period of times specified pursuant to subparagraph <br />953911 1 <br />10 <br />Exhig§P-V