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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 remedied 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 8. 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 9. 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 />16 and ail 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 B. 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
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