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<br /> i osed of without the rior written consent of the De artment which
<br /> sublet or otherwise d s p p
<br /> I P
<br /> consent may be withheld.
<br /> ITE
<br /> M 23 - BONDING REQUIREMENTS
<br /> The Grantee agrees that each contractor and subcontractor will comply with the applicable
<br /> bonding requirements established by state and federal guidelines for various contracts and
<br /> subcontracts for the type of work involved in this Agreement. Such bonding requirements may
<br /> include bonds for bids, performance, payment, advance payment, patent infringement, warranty
<br /> of work, or maintenance bonds for both construction or non-construction contracts.
<br /> 1TEM 24 - COOPERATION IN CONNECTION WITH INSPECTION
<br /> In connection with any inspection on behalf of the Department under this Agreement, the
<br /> Grantee agrees to cooperate fully by making available to the Department reports of all prior
<br /> inspections (including quality control and safety) and by performing such analyses and tests
<br /> and furnishing of reports thereof as may be reasonably requested by the Department, and by
<br /> allowing the Department any and all physical inspections of Project Facilities, and records
<br /> thereof, as requested by the Department. All such inspections shall be performed without
<br /> disruption or interference with service provided or supported by this Agreement. The results or
<br /> conclusions of such inspections, tests, and reports shall not be construed as altering in any way
<br /> the Grantee's responsibility to conform its work to this Agreement to maintain and repair such
<br /> facitities, maintain its work schedule, or to meet any other obligation assumed by the Grantee
<br /> hereunder.
<br /> 1TEM 25 - INDEMNIFICATION AND INSURANCE
<br /> The Grantee agrees to save harmless and indemnify the Government, and its officials,
<br /> employees and agents from any and all losses, expenses, damages (including loss of use),
<br /> demands and claims and shall defend any suit or action, whether at law or in equity, brought
<br /> against it based on any alleged injury (including death) or damage arising from the actions or
<br /> inactions of Grantee, and/or its employees, officials, agents, contractors and subcontractors,
<br /> and shall pay all damages, judgments, costs, expenses, and fees, including attorney's fees,
<br /> . incurred by the Government and its o�ciats, employees and agents in connection therewith.
<br /> The Grantee agrees that it will maintain or cause to be maintained, for the duration of the
<br /> Project, such self-insurance or policies of insurance, with limits and upon terms satisfactory to
<br /> the Department, as will protect the Grantee from any or all claims for damages to property
<br /> (including applicable flood insurance) or for bodily injury (including death), which may arise from
<br /> or in connection with the operations, actions, or inactions hereunder by the Grantee, or by
<br /> 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 atl
<br /> such required insurance coverage with the Government named as an additional insured where
<br /> appropriate. The cost of such insurance carried by the Grantee shall not be an item of efigible
<br /> 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
<br /> Department, including the making by the Department of any payment under this Agreement,
<br /> constitute or be construed as a waiver by the Department of any breach by the Grantee of any
<br /> terms of this Agreement or default on the part of the Grantee which may then exist; and any
<br /> action, including the making of a payment by the Department, while any such breach or default
<br /> shall exist, shall in no way impair or prejudice any right or remedy available to the Department
<br /> in respect to such breach or default. The remedies available to the Department under.this .
<br /> State/Federal Capital Grant PaSe 21
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