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12-16-2020 Council Packet
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12-16-2020 Council Packet
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4 <br />AUTHORITY may require remittance of all or part of any program income balances <br />(including investments thereof) held by the GRANTEE (except those needed for <br />immediate cash needs, cash balances of a revolving loan fund, cash balances from a <br />lump sum drawdown, or cash or investments held for Section 108 security needs). <br /> <br /> B. The AUTHORITY makes no commitment to future support and assumes no <br />obligation for future support of the activities contracted for herein, except as <br />expressly set forth in this Agreement. <br /> <br /> C. Should anticipated sources of revenue not become available to the AUTHORITY for <br />use in the Community Development Block Program, the AUTHORITY shall <br />immediately notify the GRANTEE in writing and the AUTHORITY will be released <br />from all contracted liability for that portion of the Agreement covered by funds not <br />received by the AUTHORITY. <br /> <br />8. AMENDMENTS <br /> <br /> Either party may request modifications in the scope of work or services, terms, or <br />conditions of this Agreement. Proposed modifications which are mutually agreed upon <br />shall be incorporated by written amendment to this Agreement. A written amendment may <br />affect a project or projects authorized by this Agreement or may be of general application. <br /> <br />9. ASSIGNMENT AND SUBCONTRACTING <br /> <br /> A. The GRANTEE shall not assign any portion of this Agreement without the written <br />consent of the AUTHORITY, and it is further agreed that said consent must be sought <br />by the GRANTEE not less than fifteen (15) days prior to the date of any proposed <br />assignment. <br /> <br /> B. Any work or services assigned or subcontracted hereunder shall be subject to each <br />provision of this Agreement and proper bidding procedures contained therein. The <br />GRANTEE agrees that it is as fully responsible to the AUTHORITY for the acts and <br />omissions of its subcontractors and of their employees as agents, as it is for the acts <br />and omissions of its own employees and agents. <br /> <br />10. HOLD HARMLESS AND INDEMNIFICATION <br /> <br /> A. The GRANTEE further agrees that it is financially responsible (liable) for any audit <br />exception which occurs due to its negligence or failure to comply with the terms of <br />the Agreement. <br /> <br /> B. The GRANTEE and AUTHORITY mutually agree to hold harmless and defend each <br />other, their officials, officers, employees, agents, representatives, customers, or <br />invitees against any and all claims, lawsuits, damages, or lawsuits for damages arising <br />from or allegedly arising from or related to the project, including but not limited to <br />the GRANTEE's or the AUTHORITY's acts, failure to act, or failure to perform its
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