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Basic Terms Form C(2/04) <br /> Grant Agreement <br /> and notwithstanding the termination of this contract. Grantee shall not prejudice the <br /> Department's right to recover against third parties for any loss, or damage to Department <br /> property, and shall at the Department's request and expense furnish reasonable assistance, <br /> including assistance in the prosecution of suit to obtain recovery. The Grantee shall, at its <br /> expense, pay the costs of defense of the Department against all claims asserted by any person <br /> that anything provided by Grantee infi-inges a patent,copyright,trade secret,or other intellectual <br /> property right and shall, without limitation pay the costs,damages, and attorney's fees awarded <br /> against the Department in any such action, or pay any settlement of such action or claim. The <br /> Department assumes no liability for actions of Grantee and is unable to indemnify Grantee for <br /> claims based on this grant.Any liability for damages that the Department might have is expressly <br /> limited by and subject to the provisions of the Illinois Court of Claims Act, 705 ILCS 505/Act, <br /> and the availability of suitable appropriations. <br /> 14. Insurance: If the Grantee's cost of property and casualty insurance increases by 25%or more <br /> or if new �ate regulations impose additional costs to the Grantee during the term of this grant <br /> agreement, then the Grantee may request the Department to review this grant ageement and <br /> adjust the compensation or reimbursement provisions in the agreement under any �reement <br /> reached,which provisions are subject to the limitations of the Department's appropriated funds. <br /> The Grantee agrees to comply with the requirements of the Departiment of Central Management <br /> Services in Government Contracts, Procurement, and Property Management set out in Title 44 <br /> of the Illinois Administrative Code. <br /> 15. Waiver. No delay or omission by any party in exercising any right, power, or privilege under <br /> this agreement shall impair that right, power or privilege, nor shall any single or partial exercise <br /> of any right, power or privilege preclude any further exercise of that right, power, or privilege, <br /> or the exercise of any other right,power ar privilege. <br /> 16. Amendments: This grant agreement may not be amended without prior written approval of <br /> both the Grantee and the Department. <br /> 17. Assignment: The Grantee understands and agrees that this grant agreement may not be sold, <br /> assigned, ar transferred in any manner and that any actual or attempted sale, assignment, or <br /> transfer without the prior written approval of the Department shall render this grant agreement <br /> null,void,and of no further effec� <br /> 18. Civil Law Suits: This grant ageement is not subject to the State Employees Indemnification <br /> Act, 5 ILCS 350/Act. <br /> 19. Solicitation and Emplovme�: The Grantee shall not employ any person employed by the <br /> Page 6 of 7 <br />