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The Grantee agrees to save harmless and indemnify the Government,and its o�cials, 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 equity, 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 attorney'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 furnish 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 shafl 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 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 Government including but not limited to, rights and privileges
<br /> concerning worker's compensation and occupational diseases coverage, unemployment compensation benefits,
<br /> Social Security coverage or retirement membership or credit.
<br /> ITEM 28-LABOR LAW COMPLIANCE
<br /> A. General 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 articles ordinarily available on the open market,the Grantee agrees to
<br /> comply with the Labor Law Compliance provisions of the Federal Capital Grant Master Agreement pertaining to the
<br /> Project, if any,and all applicable state and federal laws and regulations including, but not limited to,the following:
<br /> laws and regulations relating to minimum wages to be paid to employees, limitations upon the employment of
<br /> minors, minimum fair wage standards for minors,payment of wages due employees, and health and safety of
<br /> employees. The Grantee also agrees to require every contractor doing construction work or performing
<br /> professional or consulting services in connection with the Project to agree to such compliance, including
<br /> compliance with the statutory requirements of the Davis-Bacon Act, Contract Work Standards and Safety
<br /> Standards Act, and Copeland"Anti-Kickback"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 with terms 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 emptoyee protective requirements of 49
<br /> U.S.C. §5333(b), a�d U.S. DOL guidelines at 29 C.F.R.215, and any amendments thereto. These terms and
<br /> State/Federa!Capital Grant page 19
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