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4,1,1. Grantees violation of any federal, state or local law or regulation,
<br />4.1,2. Grantee's broach of any of the terms or conditions of this Agreement, Including the
<br />Application and Timeline, or any unapproved deviation from said documents that has not
<br />boon ourad within 30 days of written notice of such breach,
<br />4,2. In the ovent'the Agroamont is tamifnoted under Section 4.1, City reserves the right fo require
<br />Grantee to refund any or aft grunt 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 />S. biinlMloh of tnlability
<br />5.1, IN NO EVENT SHALL CITY BE LIABLE FOR ANY iNDIRECT, SPECIAL, INCIDENTAL OR
<br />CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLICENCEr REACH 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 6 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 />& jvnelQtnnfflcatlo 1,
<br />dui. Grantee shall defend, Indemnify, protect and hold Harmless the City, and Re elected and
<br />appointed officers, employees, members or agents from and against ail claims for damages,
<br />liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by
<br />third parties to be the result of the negligent sots, errors or emissions orthe willful misconduct of
<br />the grantee, and Oranteo'a employees, subcontractors or ether parsons, agencies or firms for
<br />whom Grantee Is legally responsible in connection with the execution of duo work covered tlythls
<br />Agreement Grantee shall have no duty to indemnify or hold harmless the City It claims, damages,
<br />lability, 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 Grant",
<br />Grantees obligations shall survive the termination of this Agreement..
<br />62. Grantee agrees to Herebyfully release and forever discharge the C'ttyfrom any and all claims,
<br />detmand$, damages, losses, and ifabliltles (hereinafter collectively referred Jo so "claims"), which
<br />are or may be misted to or in any way connected with the negligence or willful misconduct of Its
<br />officers, officials, employees; or agarmfs In connoction with the creation, painting, performance or
<br />Installation of the Project hereunder.
<br />U. Grantee further agrees that City may in good falth and on reasonable terms settle any such
<br />claims and that City's right to Indomnifloallon shay extend to any such sottlament, provided City
<br />has given notice of such claim and its Intent to settle. City s right to indemnification Is in addition
<br />to, and may be exerci$ad independently of, any remodyheid by Clty under this Agroement, 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. fnsurance
<br />7.1 Prior to undertaktng performance of work under this Agreement, Grantee shall maintain and
<br />shelf require Its subcontractors, If any, to obtain and maintain insuranoe as described Wow.
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