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4,11. Grantee's violation of any federal, state or local law or regulation,
<br />4.12. Grantods breach of any of the terms or conditions of this Agreement, including the
<br />Application and Timelino, or any unapproved deviation from said documents that has not
<br />been cured within 30 days of written notice of such breach,
<br />4,2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require
<br />Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee
<br />agrees to refund to City any or all grant funds awarded under this Agreement
<br />5. Limitation of Liabillty,
<br />6.1, IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
<br />CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF
<br />CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT
<br />OR THE ACTIVITIES COVERED HEREUNDER.
<br />5,2, Section 6 and Section a do not limit Grantee's rights, Including Its ability to seek recovery,
<br />against anyone other than City, Its directors, officers, employees, agents, successors and
<br />assigns.
<br />6, jr c emniflcatlon.
<br />6.1. Grantee shall defend, Indernify, protect and hold harmless the City, and its elected and
<br />appointed officers, employees, members or agents from and against all claims for damages,
<br />liability, cast and expense (including without limitation attorney's fees) arising out of or allogod by
<br />third parties to be the result of the negligent acts, errors or omissions or the willful misconduot of
<br />the Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
<br />whom Grantee Is legally responsible in connection with the execution of the work covered by this
<br />Agreement. Grantee shall have no duty to Indemnify or hold harmless the City if claims, damages,
<br />liability, costs, expenses (including without limitation, attorney's fees) arise from the sole
<br />negligence or sole willful misconduct of the City subsequent to declaration by the Grantee.
<br />Grantee's obligations shall survive the termination of this Agreement.
<br />6,2. Grantee agrees to hereby fully release and forever discharge the City from any and all claims,
<br />demands, damages, losses, and liabilities (hereinafter collectively referred to as "olalms"), which
<br />are or may be related to or in any way connected with the negligence or willful misconduct of its
<br />officers, officials, employees, or agents in connection with the creation, painting, performance or
<br />Installation of the Project harounder.
<br />6.3. Grantee further agrees that City may fin good faith and on reasonable terms settle any such
<br />claims and that City's right to Indemnification shall extend to any such settlement, provided City
<br />has given notice of such claim and Its intent to settle. City's right to indemnification is in addition
<br />to, and may be exercised Independently of, any remedy held by City under this Agreement, at law
<br />or in equity. The Indemnity provision set forth In this Agreement shall survive the termination or
<br />expiration of this Agreement indefinitely,
<br />7. Insurance
<br />7.1 Prior to undertaking performance of work under this Agreement, Grantee shall maintain and
<br />shall require Its subcontractors, if any, to obtain and maintain Insurance as described below:
<br />
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