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COOPERATIVE AGREEMENT NO. C-6.1433 <br />1 shall not give rise to a default hereunder if appropriate remedial action is promptly instituted within the <br />2 applicable period and diligently pursued until such default is corrected. In the event of a default <br />3 hereunder that is not reme'died by the defaulting party in accordance with this provision, the non - <br />4 defaulting party shall have a breach of contract claim and remedy against the other in addition to any <br />5 other remedy provided or permitted by law, provided that no remedy which would have the effect of <br />6 amending any provisions of this Agreement shall become effective without the formal amendment of <br />7 this Agreement. <br />8 ARTICLE S. COMPLIANCE <br />9 To the extent required, the AUTHORITY and the CITY shall comply with all applicable federal, <br />10 state, and local laws, statues, ordinances and regulations of any governmental authority having <br />11 jurisdiction over the project. <br />12 ARTICLE 8. INDEMNIFICATION <br />13 A. To the fullest extent permitted by law, the CITY shall defend (at the CITY's sole cost <br />14 and expense with legal counsel reasonably acceptable to the AUTHORITY), indemnify, protect, and <br />15 hold harmless the AUTHORITY, its officers, directors, employees, and agents from and against any <br />18 and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, <br />17 settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney <br />18 fees, including but not limited to claims arising from injuries to or death of persons (the CITY's <br />19 employees included), for damage to property, including property owned by the AUTHORITY, or from <br />20 any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent <br />21 acts, omissions or willful misconduct of the CITY, its officers, directors, employees or agents in <br />22 connection with or arising out of the performance of this Agreement. <br />23 D. To the fullest extent permitted by law, the AUTHORITY shall defend (at the <br />24 AUTHORITY's sole cost and expense with legal counsel reasonably acceptable to the CITY), <br />25 indemnify, protect, and hold harmless the CITY, its officers, directors, employees, and agents from <br />26 and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration <br />Page 7 of 14 <br />L;1Camm1C1.ERICALkVVORDPROCIAGREEWG$1433-20161216 0080 ROW Use Agreement - SA- Final - UNated.doox <br />