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' TTFM 18 - INDFI�IIIIFICATION 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 /> Pro�ect, 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 injury (including death) or damage. Grantee <br /> shall pay all damages, �udgments, 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 injury (including death) , <br /> which may arise from the Pro�ect. <br /> ITEM 19 - INDEPENDENCE OF GRANTEE <br /> In no event shall Grantee or any of its contractors be considered <br /> agents or employees of the Department or the State. The Grantee <br /> agrees that none of its employees, agents or contractors will <br /> hold themselves out as, or claim to be, agents, officers or <br /> employees of the Department or the State, and will not make any <br /> claim, demand or application to or for any right or privilege <br /> applicable to an officer, agent or employee of the State, <br /> including, but not limited to, rights and privileges concerning <br /> worker's compensation and occupational diseases coverage, <br /> unemployment compensation benefits, Social Security coverage or <br /> retirement membership or credit. <br /> ITEM 20 - NON-WAIVER <br /> Grantee agrees that in no event shall any action, including the <br /> making by the Department of any payment under this Agreement, <br /> constitute or be construed as a waiver by the Department of any <br /> breach of covenant or any default on the part of the Grantee <br /> which may then exist; and any action, including the making of <br /> such payment by the Department, while any such breach or default <br /> shall exist, shall in no way impair _or pre�udice any right or <br /> remedy available to the Department in respect to such breach or <br /> default. The remedies available to the Department under this <br /> Agreement are cumulative and not exclusive. The waiver or <br /> exercise of any remedy shall not be construed as a waiver of any <br /> other remedy available hereunder or under general principles of <br /> law or equity. <br /> ITEM 21 - TERMINATION. PAYMENT DELAY. RECALL <br /> Upon written notice to the Grantee, the Department reserves the <br /> right to suspend or terminate all or part of the financial <br /> assistance provided by this Agreement, if the Grantee is, or has <br /> been, in violation of any of the terms of this Agxeement or if <br /> 10 <br />