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<br /> ITEM 24-COOPERATION IN CONNECTION WITH INSPECTION
<br /> In connection with any inspection on behalf of the Department under this Agreement,the Grantee agrees to
<br /> cooperate fully by making available to the Department reports of all prior inspections(including quality control and
<br /> safety)and by performing such analyses and tests and furnishing of reports thereof as may be reasonably requested
<br /> by the Department,and by allowing the Department any and all physical inspections of Project Facilities,and
<br /> records thereof,as requested by the Department. All such inspections shall be performed without disruption or
<br /> interference with service provided or supported by this Agreement. The results or conclusions of such inspections,
<br /> tests,and reports Shall not be construed as altering in any way the Grantee's responsibility to conform its work to
<br /> this Agreement to maintain and repair such facilities,maintain its work schedule,or to meet any other obligation
<br /> assumed by the Grantee hereunder.
<br /> ITEM 25-INDEMNIFICATION AND INSURANCE
<br /> The Grantee agrees to save harmless and indemnify the Govemment,and its officials,employees and agents from
<br /> any and all losses,expenses,damages(including loss of use),demands and claims and shall defend any suit or
<br /> action,whether at law or in equiry, brought against it based on any alleged injury(including death)or damage arising
<br /> from the actions or inactions of Grantee,and/or its employees,officials,agents,contractors and subcontractors,and
<br /> shall pay all damages,judgments,costs, expenses,and fees,including attomey's fees,incurred by the Government
<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 applicable flood insurance)or for bodily injury
<br /> (including death),which may arise from or in connection with the operations,actions,or inactions hereunder by the
<br /> Grantee,or by anyone directly or indirectly employed by or associated with it,and the Grantee shall at all times
<br /> during the Project maintain and fumish the Department with current certificate(s)evidencing all such required
<br /> insurance coverage with the Government 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,including 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 /> default shall exist,shall in no way impair or prejudice any right or remedy available to the Department in respect to
<br /> such breach or default. The remedies available to the Department 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 /> hereunder or under general principles of law or equity.
<br /> ITEM 27-INDEPENDENCE OF GRANTEE
<br /> In no event shall the Grantee or any of its employees,agents,contractors or subcontractors be considered agents or
<br /> employees of the Government. 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 Government and will
<br /> not by reason of any retationship 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 worker's compensation and occupational diseases coverage,unemployment compensation benefits,
<br /> Social Security coverage or retirement membership or credit.
<br /> State/Federal Capital Grant page 19
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