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LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT
<br />DEVELOPMENT GRANT PROGAM
<br />
<br />Page 10 of 13
<br />SG-22064 revised 12/6/24
<br />6.03. Liability. Subject to the limitations provided in Minnesota Statutes chapter 466, to the fullest
<br />extent permitted by law, the Grantee shall defend, indemnify, and hold harmless the Council and its
<br />members, employees, and agents from and against all claims, damages, losses, and expenses, including
<br />but not limited to attorneys’ fees, arising out of or resulting from the conduct or implementation of
<br />the Project activities funded by this grant, except to the extent the claims, damages, losses, and
<br />expenses arise from the Council’s own negligence. Claims included in this indemnification include,
<br />without limitation, any claims asserted pursuant to the Minnesota Environmental Response and
<br />Liability Act (MERLA), Minnesota Statutes chapter 115B, the federal Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980 (CERCLA) as amended, United States Code,
<br />Title 42, sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976
<br />(RCRA) as amended, United States Code, title 42, sections 6901 et seq. This obligation shall not be
<br />construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which
<br />otherwise would exist between the Council and the Grantee. The provisions of this Section shall
<br />survive the expiration or termination of this Agreement. This indemnification shall not be construed
<br />as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability
<br />provided by Minnesota Statutes chapter 466, or other applicable state or federal law.
<br />6.04. Acknowledgments and Signage. The Grantee will acknowledge the financial assistance
<br />provided by the Council in promotional materials, press releases, reports, and publications relating to
<br />the Project. The acknowledgment will contain the following or comparable language:
<br />Financing for this project was provided by the Metropolitan Council
<br />Metropolitan Livable Communities Fund
<br />Until the Project is completed, the Grantee shall ensure the above acknowledgment language, or
<br />alternative language approved by the Council’s authorized agent, is included on all signs (if any)
<br />located at Project or construction sites that identify Project funding partners or entities providing
<br />financial support for the Project. The acknowledgment and signage should refer to the “Metropolitan
<br />Council” (not “Met Council” or “Metro Council”).
<br />6.05. Permits, Bonds, and Approvals. The Council assumes no responsibility for obtaining any
<br />applicable local, state, or federal licenses, permits, bonds, authorizations, or approvals necessary to perform
<br />or complete the Project activities described or identified in Attachments A and B. The Grantee and its
<br />developer(s), if any, must comply with all applicable licensing, permitting, bonding, authorization, and
<br />approval requirements of federal, state, local governmental, and regulatory agencies, including
<br />conservation districts.
<br />6.06. Subgrantees, Contractors, and Subcontractors. The Grantee shall include in any subgrant,
<br />contract, or subcontract for Project activities appropriate provisions to ensure subgrantee, contractor,
<br />and subcontractor compliance with all applicable state and federal laws and this Agreement. Along
<br />with such provisions, the Grantee shall require that contractors and subcontractors performing work
<br />covered by this Grant obtain all required permits, licenses and certifications, and comply with all
<br />applicable state and federal Occupational Safety and Health Act regulations. If the Project for which
<br />the grant funds were awarded includes affordable units, the Grantee’s subgrant agreement(s) shall
<br />expressly include the affordability and affirmative fair housing marketing plan requirements of
<br />Sections 3.01 and 3.02.
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