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ITEM 22-ASSIGNMENTS <br /> The Grantee agrees that this Agreement shall not be assigned, transferred, conveyed, sublet or otherwise <br /> disposed of without the prior written consent of the Department. <br /> The Grantee also agrees that no contract for construction work or professional or consulting services of any <br /> kind in connection with the Project shall be assigned, transferred, conveyed, sublet or otherwise disposed of <br /> without the prior written consent of the Department. <br /> ITEM 23-PERFORMANCE BOND <br /> The Grantee agrees to require that each contractor performing construction work on the Project shall furnish a <br /> performance bond in an amount equal to at least one hundred percent(100%) of the contract price as security <br /> for the faithful performance of the contract. However, the requirements of this ITEM shall be satisfied by the <br /> filing with the Department of certified copies of such bonds of equal or better coverage required by the terms of <br /> any Federal Capital Grant Contract applicable to the Project. <br /> ITEM 24-COOPERATION IN CONNECTION WITH INSPECTION <br /> In connection with any inspection under this Agreement the Grantee agrees to cooperate fully by making <br /> available reports of all prior inspections(including quality control and safety) and by pertorming such anatyses, <br /> tests and furnishing of reports thereof as may be reasonably requested by the Department. All such <br /> inspections shall be performed without disruption or interference with service provided or supported by this <br /> Agreement. The results or conclusions of such inspections, tests, and reports shall not be construed as <br /> altering in any way the Grantee's responsibility to maintain and repair such facilities, maintain its work <br /> schedule,or any other obligation assumed by the Grantee hereunder. <br /> ITEM 25-INDEMNIFICATION AND INSURANCE <br /> The Grantee agrees to save harmless and indemnify the State from any and all losses, expenses, damages <br /> (including loss of use), demands and claims and shall defend any suit or action, whether at law or in equity, <br /> brought against it based on any such alleged injury (including death) or damage and shall pay all damages, <br /> judgments, costs and expenses, including attorney's fees, in connection with said demands and claims <br /> resulting therefrom. <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 other claims for damages to property or for bodily injury including death, which may arise <br /> from or in connection with the operations hereunder by the Grantee, or by anyone directly or indirectly <br /> employed by or associated with it, and the Grantee shall furnish the Department with certificate(s) evidencing <br /> all such required insurance coverage. The cost of such insurance carried by the Grantee shall not be an item <br /> of eligible Project cost. <br /> ITEM 26-NON-WAIVER <br /> The Grantee agrees that in no event shall any action, including the making by the Department of any payment <br /> under this Agreement, constitute or be construed as a waiver by the Department of any breach of covenant or <br /> State Capital Grant 16 <br />