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or tiabiiity in respect af which indemnification under this paragraph; provided, <br /> hawever,that the counsel retained by SUBRECIPIENT to defend the CITY shall be <br /> satisfactary ta the CITY; and the CITI'shail be kept fully'rnformed of the status of the <br /> proceeding. !n the event that the SUBRECIPIENT,within ten �10}days after receipt of <br /> notice from the CITY of a claim or liabi(ity which the CITY believes to be covered <br /> under this paragraph,fails to advice the CiTI'in writing thai the SUSRECIPIENT <br /> agrees that fihe CITY is entitled to indemnification under this paragraph based on the <br /> claim ar liability,the CITY,withaut waiving or prejudicing any claim ar right it may <br /> have ta indemnification, under this paragraph (including the recovery af lega!fees <br /> and expenses), may retain its on counsel and present its own defense in cannectian <br /> such claim or {iability. <br /> The CITY shall not settle or compromise any claim,suit, action, or proceeding in <br /> respect of which the SUBRECIPIENT has agreed in writing that the CITY is entitled to <br /> indemnificatian under this paragraph shait survive the termination of the <br /> Agreement. <br /> X(X. tNSURANCE AND BONDWG:SUBRECIPIENT shall carry sufficient insurance caverage to <br /> protect contract assets from loss due to theft,fraud, andJor undue physical damage, and as <br /> a minimum shall purchase a blanket fidelity bond covering all employees in an amaunt <br /> equal to ar�y CDBG cash advances. SUBRECIPIENT shall comply with the bonding and <br /> insurance requirements of the Omni Circular 20Q.310 and 20Q.325, Insurance and Bonding <br /> requirements. Proof af insurance and bonding sha(i be provided ta the City. <br /> XX. NON-PARTICIPATION BY CERTAIN PERSONS:SUBRECIPIENT agrees to exclude the following <br /> persons#rom participation in any aspect of this agreement: <br /> a. SUBRECIPIENT agrees not to allow any member af, or delegate to,the United States <br /> Congress any share or part of this Agreement ar to allaw any benefit ta arise from the <br /> same. <br /> b. SUBREC(PIENT agrees that no officer, emplayee, designee, agent, ar consultant of the CITY <br /> or the SUBRECIPlENI'ar member af the governing body of the CtTY who exercises any <br /> functions or responsibilities with respect to the CIl`Y's CDBG program during his/her tenure <br /> or for one {1}year thereafter,wil! have any direct ar indirect interest in any contract or <br /> subcantract,or the praceeds thereof,for the work to be performed in cannections with the <br /> Project assisted under this Agreement.The SUBRECIPIENT shall incarporate or cause to be <br /> incorporated in all such contracts or subcontracts a provision prohibiting such interest in <br /> conformance with the provisions of and pursuant to the purposes af this sectians.The <br /> provisions o#24 CFR§ 570.611, "Conffict of Interest" shall apply ta the SUBEZEClPIENT. <br /> c. SUBRECIPIENT further agrees to maintain written standards af conduct cavering conflicts af <br /> interest, as outline in the Qmni Circular§ 200.318{e}{1} $c{2}.These standards of conduct <br /> will include language stating that no employee, officer, or agent will participate in the <br /> 13 <br /> EXF{IBIT A <br />