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¢ � <br /> shall pay all damages,judgments,costs, expenses,and fees, including attorney's fees,incurred by the Govemment <br /> and its 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,such self- <br /> insurance or policies of insurance,with limits and upon terms satisfactory to the Department,as will protect the • <br /> Grantee from any or all claims for damages to property(including applicabie flood insurance)or for bodily injury <br /> (inGuding death),which may arise from or in connection with the operations,actions,or inactions hereunder by the <br /> Grantee,or by anyorle directly or indirectly employed by or associated with it,and the Grantee shall at all times <br /> during the Project maintain and fumish the DepaRment with current certificate(s)evidencing all such required <br /> insurance coverage with the Govemment named as an additional insured where appropriate. The cost of such <br /> 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 or inaction on behalf of or by the Department,inGuding the <br /> making by the Department of any payment under this Agreement,constitute or be construed as a waiver by the <br /> Department of any breach by the Grantee of any terms of this Agreement or default on the part of the Grantee which <br /> may then exist;and any action,including the making of a payment by the Department,while any such breach or <br /> defauR shall exist,shall in no way impair or prejudice any right or r3medy available to the DepaRment in respect to <br /> such breach or default. The remedies avaitable to the Depa�tment under this Agreement are cumulative and not <br /> exclusive. The waiver or exercise of any remedy shall not be construed as a waiver of any other remedy available <br /> fiereunder or under general principles of law or equity. <br /> 1TEM 27-INDEPENDENCE OF GRANTEE <br /> �- <br /> In no event shall the Grantee or any of its employees,agents,contractors or subcontractors be considered agents or <br /> employees of the Govemment. Furthermore,the Grantee agrees that none of its employees,agents,contractors or <br /> subcontractors will hold themselves out as,or claim to be,agents,officers or employees of the�ovemment and will <br /> not by reason of any relationship with the Grant make any claim,demand or application to or for any right or privilege <br /> applicable to an agent,officer or employee of the Govemment including but not limited to,rights and privileges <br /> conceming workers compensation and occupational diseases coverage,unemployment compensation benefits, <br /> Social Security coverage or retirement membership or credit. <br /> REM 28-LABOR LAW COMPLIANCE <br /> A. Generaf Labor Compliance. If applicable and except in a construction contract of$2,000 or less,and except in a <br /> third party contract for supplies,materials or artiGes ordinarily available on the open market,the Grantee agrees to <br /> comply with the Labor Law Compliance provisions of the Federat Capital Grant Master Agreement pertaining to the <br /> Project,ff any,and all applicable state and federal laws and regulations including,but not limited to,the following: <br /> laws and regulations refating to minimum wages to be paid to employees,limitations upon the employment of <br /> minors,minimum fair wage standards for minors,payment ot wages due employees,and health and safery of <br /> employees. The Grantee also agrees to require every contractor doing construction woric or perfortning <br /> professional or consufting services in connection with the Project to agree to such compliance,induding <br /> compliance with the statutory requirements of the Davis-Bacon Act,Contract Wo�lc Standards and Safety <br /> Standards Act,and Copeland'Mti-Kidcback"Act. <br /> B. General Transit Employee Protective('TEP")Requirements. To the extent that FTA determines that transit <br /> operations are involved,the Grantee agrees to carry out the transit operations work on the underlying contract in <br /> compliance witfi teRns and conditions determined by the U.S.Secretary of Labor to be fair and equitable to protect <br /> the interests of employees employed under this Grant and to meet the employee protective requirements of 49 <br /> U.S.C.§5333(b),and U.S.DOL guidelines at 29 C.F.R.215,and any amendments thereto. These terms and <br /> conditions are identified in the letter'of certification from the U.S.DOL to FTA applicable to the FTA Grantee's <br /> Project from which federal assistance is provided to support wo�lc on the underlying contract. The Grantee agrees <br /> State/Federal Capita!Grant page 19 <br />