|
IX. LIA BITA Y
<br />A. 9eneraily
<br />Hach party to this AGREEMI NT acknowledges that it will, be liable For its own negligent acts or
<br />negligent omissions by or through itself, its employees, agents, and subcontractors, Each party
<br />further agrees to defend itself and themselves, and to pay any j udgments and costs arising out of
<br />such nogligent acts or emissions, and nothing in this ACiREP—M INT shall impute or transfer any
<br />suolr liability from one to the other. In other words, the SUARECIPIM agrees to be filly
<br />responsible for its negligent acts or omissions, or any intentional tortuous acts which result in
<br />claims or suits against the CITY, and agrees to be liable for any damages proximately caused by
<br />said acts or emissions. Nothing herein shall be construed as consent by a.State or CITY agency or
<br />subdivision to be stied by third parties in any matter arising out of any oontruot, and nothing
<br />heroin is Intended to serve as a waiver Of sovereign immunity where -sovereign immunity applies,
<br />B, CITY not Liable for i°urids
<br />The SUBUCIPiENT further acknowledges that the source of the ESti-CV bands is a federal
<br />pass -through grant to the SUBRW7 1PIt?IQ E The CITY shall have no obligation to advance or pay
<br />the SUBRECIPISNT with any faints other than the 139G-CV Rinds the Cl`l i' receives from
<br />HLIA
<br />C, ��nldltaraaalec,
<br />The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its Officers, agents,
<br />emptoyees, representatives, volunteers, and student oxteins from mid, against any and all damages
<br />to property or injuries to or death of any pe€son, or persons, including property and employees or
<br />agents of the MY, and shall defend, indemnify and save harmless the CITY, its officers, agents,
<br />oirnployccs, representatives, volunteers„ and student externs from and against any and all claims,
<br />demands, suits, actions or proseedings of any kind or nature, Including, but not by way of
<br />lhnitation, workers compensation claims and attorney feoaloxpenses for litigation or settlennent„
<br />resulting from or arising out of the negligent or wrongful acts, errors or omissions of the
<br />SUBRECIPIFNT, its officers, directors, employees, agents, subcontractors, and suppliers arising
<br />out of the SUBRECIPIENT"s performance of thus AGRMNI.FsNT,
<br />X. RNVIRDMENTAL Ct>NL)ITl0'
<br />P,.SG-CV activities are subject to environmental review by llUD under the environmental
<br />regulations in 241 CFIi 50. The SUBRECIPIL!NT, or any contractor of the SUBRECIPIENT, may
<br />not acquire, rehabilitate, convert, leaso, repair, dispose of, demolish, or construct property for a
<br />project under this part, or commit or expend HUD or local Rurds for eligible activities under this
<br />part, until HUD has performed an environmental review under 24 CFR part 50 and the recipient
<br />has received HUD approval of the property.
<br />17
<br />
|