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CAP-14-1034-ILL, Contract No. 4464 <br /> reports thereof, as may be reasonably requested by the Department, and by allowing Department <br /> representatives to carry out any and all physical inspections of Project Facilities, and examination of <br /> Project records thereof, as from time to time requested by the Department. All such inspections shall <br /> be performed with minimum disruption or interference with the service(s) provided or supported by <br /> this Agreement. The results or conclusions of such inspections, tests, and reports shall not be <br /> construed as altering in any way the Grantee's responsibility to conform its work to this Agreement, to <br /> maintain and repair Project Facilities, maintain its work schedule, and to meet any other obligation <br /> assumed by the Grantee hereunder. <br /> ITEM 25-INDEMNIFICATION AND INSURANCE <br /> The Grantee agrees to save harmless and indemnify the State, and its officials, employees and <br /> agents, from any and all losses, expenses, damages (including loss of use), suits, demands and <br /> claims and shall defend any suit or action, whether at law or in equity, brought based on any alleged <br /> injury(including death) or damage arising from the actions or inactions of a Grantee, and/or Grantee <br /> employees, officials, agents, contractors and subcontractors and shall further pay all damages, <br /> judgments, costs, fees, and expenses, including attorney's fees, incurred by the State and its <br /> officials, employees and agents in connection therewith. <br /> The Grantee agrees that it will maintain or cause to be maintained, for the duration of the Project, <br /> such self-insurance or policies of insurance as will protect the Grantee from any other claims for <br /> damages to property or for bodily injury including death, which may arise from or in connection with <br /> the operations hereunder by the Grantee, or by anyone directly or indirectly employed by or <br /> associated with it, and the Grantee shall at all times during the Project maintain and furnish the <br /> Department with current certificate(s) evidencing all such required insurance coverage. The cost of <br /> such insurance carried by the Grantee shall not be an item of eligible Project cost. <br /> ITEM 26- NON-WAIVER <br /> The Grantee agrees that in no event shall any action on behalf of or by the Department, including the <br /> making by the Department of any payment under this Agreement, constitute or be construed as a <br /> waiver by the Department of any breach by the Grantee of any terms of this Agreement or any default <br /> on the part of the Grantee which may then exist; and any action, including the making of a payment <br /> by the Department while any such breach or default shall exist, shall in no way impair or prejudice <br /> any right or remedy available to the Department in respect to such breach or default. The remedies <br /> available to the Department under this Agreement are cumulative and not exclusive. The waiver or <br /> exercise of any remedy shall not be construed as a waiver of any other remedy available hereunder <br /> or under general principles of law or equity. <br /> ITEM 27-NON-COLLUSION <br /> The Grantee warrants that it has not paid and agrees not to pay hereafter any bonus, commission, <br /> fee or gratuity for the purpose of obtaining any approval of its application for any grant pursuant to <br /> this Agreement. The Grantee further represents and warrants that no State officer or employee, or <br /> member of the State General Assembly or of any unit of local government which contributes to the <br /> Project funds, shall be entitled to any share or part of this Agreement or to any benefits arising <br /> therefrom. <br /> ITEM 28-INDEPENDENCE OF GRANTEE <br /> State Capital Grant <br /> Page 19 <br />