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City of Santa Ana
<br />State Water Board Grant Agreement No. 14-449-550
<br />Amendment 1
<br />Page 18 of 21
<br />f. If a Force Account is used by the Grantee for any phase of the Project, establish an account that
<br />documents all employee hours, and associated tasks charged to the Project per employee.
<br />29. RELATED LITIGATION: Under no circumstances may a Grantee use funds from any disbursement under
<br />this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State
<br />Water Board or any Regional Water Board. Regardless of the outcome of any such litigation, and
<br />notwithstanding any conflicting language in this Agreement, the Grantee agrees to complete the Project
<br />funded by this Agreement or to repay all of the grant funds plus interest.
<br />30. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer
<br />programs, operating manuals, audio and video recordings, notes, and other written or graphic work produced
<br />in the performance of this Agreement shall be in the public domain. The Grantee may disclose, disseminate
<br />and use in whole or in part, any final form data and information received, collected, and developed under this
<br />Agreement, subject to appropriate acknowledgement of credit to the State Water Board for financial support.
<br />The Grantee shall not utilize the materials for any profit -making venture or sell or grant rights to a third party
<br />who intends to do so.
<br />31. STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project
<br />applications, documents, permits, plans and specifications or other Project information by the State Water
<br />Board is for administrative purposes only and does not relieve the Grantee of its responsibility to properly
<br />plan, design, construct, operate, maintain, implement, or otherwise carry out the Project. To the extent
<br />permitted by law, the Grantee agrees to indemnify, defend and hold harmless the State Water Board and the
<br />State against any loss or liability arising out of any claim or action brought against the State Water Board
<br />and/or the State from and against any and all losses, claims, damages, liabilities or expenses, of every
<br />conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected
<br />with (1) the Project or the conditions, occupancy, use, possession, conduct or management of, work done in
<br />or about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof;
<br />(2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3)
<br />any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the
<br />Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource
<br />Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water
<br />Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and California Water
<br />Code, section 13304, and any successors to said laws), rule or regulation or the release of any toxic
<br />substance on or near the System; or, (4) any untrue statement or alleged untrue statement of any material
<br />fact or omission or alleged omission to state a material fact necessary to make the statements required to be
<br />stated therein, in light of the circumstances under which they were made, not misleading with respect to any
<br />information provided by the Grantee for use in any disclosure document utilized in connection with any of the
<br />transactions contemplated by this Agreement. To the fullest extent permitted by law, the Grantee agrees to
<br />pay and discharge any judgment or award entered or made against the State Water Board and/or the State
<br />with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The
<br />provisions of this section shall survive the term of this Agreement.
<br />32. STATE WATER BOARD ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy
<br />provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy
<br />available to the State Water Board as a result of breach of this Agreement by the Grantee, whether such
<br />breach occurs before or after completion of the Project, and exercise of any remedy provided by this
<br />Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal
<br />remedy or right which would otherwise be available. In the event of litigation between the parties hereto
<br />arising from this Agreement, it is agreed that each party shall bear its own filing costs and attorney fees.
<br />33. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental
<br />environmental projects required by Regional Water Boards.
<br />34. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by
<br />written notice at any time prior to completion of the Project, at the option of the State Water Board, upon
<br />violation by the Grantee of any material provision after such violation has been called to the attention of the
<br />Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this Agreement
<br />within a reasonable time as established by the State Water Board. In the event of termination, the Grantee
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