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A reement. Grantee warrants that there is no rovision in its charter, bylaws, or any <br /> � P <br /> rules, regulations, or legislation which prohibits, voids, or otherwise renders <br /> unenforceable against Grantee any provision or clause of this Agreement. Grantee <br /> warrants further that it has paid all federal, state and local taxes levied or imposed <br /> and will continue to do so, excepting only those which may be contested in good <br /> faith. Grantee agrees that upon execution of this Agreement, Grantee will deliver to <br /> the Department: 1) an opinion of counsel, acceptable to the Department, that this <br /> Agreement is legally binding upon Grantee, and that there is no pending litigation <br /> concerning the authority of Grantee to enter into this Agreement; and 2) a certified <br /> copy of a resolution authorizing the execution of this Agreement. <br /> ITEM 17 - DRUG FIZRE WOIZK�LACE <br /> Grantee agrees to comply with the provisions of the Illinois Drug Free Workplace <br /> Act (30 ILCS 580/1 e�s�c.) and has signed the Drug Free Workplace Certification <br /> attached to this Agreement as Exhibit C. <br /> ITEM 18 - INDEMNIFICATION AND INSURANCE <br /> Grantee agrees to hold harmless and indemnify the Department and the State from <br /> any and all liabilities, losses, expenses (including attorney's fees), damages <br /> (including loss of use), demands and claims arising out of or in connection with the <br /> Project, and shall defend any suit or action brought against it and/ar the Department, <br /> whether at law or in equity, based on any such alleged injury (including death) or <br /> damage. Grantee shall pay all damages,judgments, costs and expenses in <br /> connection with said demands and claims resulting therefrom. The Department <br /> agrees to promptly notify Grantee in writing of the assertion of any such claim, suit <br /> or action in which the State or the Department is a defendant. <br /> Grantee agrees that it will take out and maintain at its own cost and expense, for the <br /> duration of the Project, such policies of insurance in companies, as will protect <br /> Grantee from any claims for damages to property or for bodily injury (including <br /> death), which may arise from the Project. <br /> ITEM 19 - INDEPENDENCE OF GRANTEE <br /> In no event shall Grantee or any of its contractors be considered agents or employees <br /> of the Department or the State. The Grantee agrees that none of its employees, <br /> agents or contractors will hold themselves out as, or claim to be, agents, officers or <br /> employees of the Department or the State, and will not make any claim, demand or <br /> application to or for any right or privilege applicable to an officer, agent or employee <br /> of the State, including, but not limited to,rights and privileges concerning worker's <br /> compensation and occupational diseases coverage, unemployment compensation <br /> benefits, Social Security coverage or retirement membership or credit. <br /> ITEM 20 -NON-WAIVER <br /> Grantee agrees that in no event shall any action, including the making by the <br /> Department of any payment under this Agreement, constitute or be construed as a <br /> waiver by the Department of any breach of covenant or any default on the part of the <br /> . g <br />