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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
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<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
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