Laserfiche WebLink
� � Basic Terms Fonn C (7/00) <br /> , Grant A�reement . <br /> Page S _ <br /> 12. Indemnification: Grantee agrees to indemnify, defend and hold harmless the Department, <br /> its employees, a�ents and representatives from and against all claims, liabilities, losses, <br /> e�cpenses and damages by whomever sustained arising or which may arise out of Grantee's <br /> breach of any term, condition or provision of this contract or any representation or warranty <br /> contained herein or Grantee's failure to provide services hereunder or errors, omissions, or <br /> defects in such services. These indemnities sha(1 continue in full force and effect subsequent <br /> to 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 /> � includin� assistance in the prosecution of suit to obtain recovery. The Grantee shall, at its � <br /> expense, pay the costs of defense of the Department aeainst all claims asserted by any person <br /> that anvthin; pruvided by Grantee infrinQes a patent, copyri�ht, trade secret or other <br /> intellectual propertv ri�ht and shall, without limitation pay the costs, damaees and attorney's <br /> fees awarded a�ainst the Department in any such action, or pay an��settlernent of such action <br /> or claim. The Department assumes no liability for actions ot� Grantee and is unable to <br /> inde���nih� Grantee tor claims based on this grant. �nv fiabilitv for damages that the <br /> Department mi�ht have is expressly limited by and subject to the provisions of the Illinois <br /> Court ot�Claims �ct (70� ILCS >05/l) and the availability of suitable appropriations. <br /> l.� Insurance: [f the Grantee's cost of property and casualty insurance increases by 25% or <br /> n�ore ur if ne�v state re�ulations impose additional costs to the Grantee durin�the term ofthis <br /> �;rant a�,ree���ent, then the Grantee may request the Department to review this grant <br /> a�reement and adjust the compensation or reimbursement provisions thereof in accordance <br /> �vith an`� a�,reement reached, all ot� which shall be subject to the limitations of the <br /> Depa►-tment's appropriated funds. The Grantee agrees to comply with the requirements of the <br /> Depa��menc �t� Central Ntana�;ement Sen.•ices promuls�ated in Government Contracts, <br /> Procurement, and Property ►nana,eit�ent. -�-� III.Admin.Code Part I <br /> 1=�. �Vaiver:- No delay or omission by any party in exercisin� any ri�;ht, power, or privilege <br /> hereunder shall impair such ri�ht, power or privilege, nor shall any sin�le or partial exercise <br /> of any such ri�ht, power or privile�e �reclude any further e�ercise thereof or the exercise of <br /> any other ri�,ht, power or privile�e. <br /> 1� amendments: This�,rant a�reement mav not be amended �vithoiit prior written approval of <br /> both the Grantee and the Department. <br /> I 6. :�ssignment: The Grantee understands and agrees that this grant a�;reement may not be sold, <br /> assi�ned, or 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 <br />, — - a,reeil�ent null, void, and of no further effect. <br /> I 7. Civil Law Suits: This�rant a,reement is not subject to the State Employees Indemnification �I <br /> Act. (S ILCS ��0/I) <br />