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� <br /> , . <br /> TTEM 16 - GRANTEE'S WARRANTIES ' <br /> Grantee warrants that it has the requisite fiscal, managerial, <br /> and legal capability to carry out the Pro�ect and to receive and <br /> disburse Pro�ect funds. Grantee agrees to initiate and <br /> consummate all actions necessary to enable it to enter into this <br /> Agreement. Grantee warrants that there is no provision in its <br /> charter, bylaws, or any rules, regulations� or legislation which <br /> prohibits, voids� or otherwise renders unenforceable against <br /> Grantee any provision or clause of this Agreement. Grantee <br /> warrants further that it has paid all federal, state and local <br /> taxes levied or imposed and will continue to do so� excepting <br /> �only those which may be contested in good faith. Grantee agrees <br /> that upon execution of this Agreement, Grantee will deliver to <br /> the Department: 1) an opinion of counsel, acceptable to the <br /> Department, that this Agreement is legally binding upon Grantee, <br /> and that there is no pending litigation concerning the suthority <br /> of Grantee to enter into this Agreement; and 2) a certified copy _ <br /> of a resolution suthorizing the execution of this Agreement. <br /> TTEM 17 - DRUG FREE WORKPLACE <br /> Grantee agrees to comply with the provisions of the Illinois Drug <br /> Free Workplace Act (30 ILCS 580/1 et sea.) and has signed the <br /> Drug Free Workplace Certification attached to this Agreement as <br /> Exhibit C. <br /> ITEM 18 - INDEMNIFICATION AND INSURANCE <br /> Grantee agrees to hold harmless and indemnify the Department and <br /> the State from any and all liabilities, losses� expenses <br /> (including attorney's fees) , damages (including loss of use) , <br /> demands and claims arising out of or in connection with the <br /> Project, and shall defend any suit or action brought against it <br /> and/or the Department, whether at law or in equity� based on <br /> any such alleged in�ury (including death) or damage. Grantee <br /> shall pay all damages, judgments, costs and expenses in <br /> connection with said demands and claims resulting therefrom. The <br /> Department agrees to promptly notify Grantee in writing of the <br /> assertion of any such claim, suit or action in which the State or <br /> the Department is a defendant. <br /> Grantee agrees that it will take out and maintain at its own cost <br /> and expense� for the duration of the Pro�ect� such policies of <br /> insurance in companies, as will protect Grantee from any claims <br /> for damages to property or for bodily in�ury (including death) , <br /> which may arise from the Pro3ect. <br /> 9 <br /> , <br />