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CAP-10-962-ARRA, Contract No. 4021 <br /> ITEM 23-BONDING REQUIREMENTS <br /> The Grantee agrees that each contractor and subcontractor will comply with the applicable bonding <br /> requirements established by state and federal guidelines for various contracts and subcontracts for the <br /> type of work involved in this Agreement. Such bonding requirements may include bonds for bids, <br /> performance, payment, advance payment, patent infringement, warranty of work, or maintenance bonds <br /> for both construction or non-construction contracts. <br /> ITEM 24-COOPERATION IN CONNECTION WITH INSPECTION <br /> In connection with any inspection on behalf of the Department under this Agreement, the Grantee '' <br /> agrees to cooperate fully by making available to the Department reports of all prior inspections (including <br /> quality control and safety)and by performing such analyses and tests and furnishing of reports thereof <br /> as may be reasonably requested by the Department, and by allowing Department representatives to <br /> carry out any and all physical inspections of Project Facilities and examinations of Project records <br /> thereof, as may be requested, from time to time, by the Department. All such inspections shall be <br /> performed with minimum disruption or interference with the service provided or supported by this <br /> Agreement. The results or conclusions of such inspections, tests, and reports shall not be construed as <br /> altering in any way the Grantee's responsibility to conform its work to this Agreement to maintain and <br /> repair Project Facilities, maintain its work schedule, and to meet any other obligation assumed by the <br /> Grantee hereunder. <br /> ITEM 25-INDEMNIFICATION AND INSURANCE <br /> The Grantee agrees to save harmless and indemnify the Government, and its officials, employees and <br /> agents, from any and all losses, expenses, damages(including loss of use), suits, demands and claims <br /> and shall defend any suit or action, whether at law or in equity, brought based on any alleged injury <br /> (including death) or damage arising from the actions or inactions of the Grantee, and/or the Grantee's <br /> employees, officials, agents, contractors and subcontractors, and shall pay all damages,judgments, <br /> costs, expenses, and fees, including attorney's fees, incurred by the Government and its officials, <br /> 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, such <br /> self-insurance or policies of insurance as will protect the Grantee from any or all claims for damages to <br /> property(including applicable flood insurance) or for bodily injury (including death), which may arise from <br /> or in connection with the operations, actions, or inactions hereunder by the Grantee, or by anyone <br /> directly or indirectly employed by or associated with it, and the Grantee shall at all times during the <br /> Project maintain and furnish the Department with current certificate(s) evidencing all such required <br /> insurance coverage with the Government named as an additional insured and protected party where <br /> appropriate. The cost of such insurance carried by the Grantee shall not be an item of eligible Project <br /> Cost. <br /> ITEM 26-NON-WAIVER <br /> The Grantee agrees that in no event shall any action or inaction on behalf of or by the Department, <br /> including the making by the Department of any payment under this Agreement, constitute or be <br /> construed as a waiver by the Department of any breach by the Grantee of any terms of this Agreement <br /> or any default on the part of the Grantee which may then exist; and any action, including the making of a <br /> payment by the Department, while any such breach or default shall exist, shall in no way impair or <br /> prejudice any right or remedy available to the Department in respect to such breach or default. The <br /> remedies available to the Department under this Agreement are cumulative and not exclusive. The <br /> waiver or exercise of any remedy shall not be construed as a waiver of any other remedy available <br /> hereunder or under general principles of law or equity. <br /> State/Federal Capita!Grant Page 23 <br />