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LOCAL CAL H0117SING INCENTIVES ACCOUNT
<br />5.03. Liability. Subject to the limitations provided in Minnesota Statutes chapter 466, to the
<br />fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the
<br />Council and its members, employees and agents from and against all claims, damages, losses, and
<br />expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct
<br />or implementation of the Project activities funded by this grant, except to the extent the claims,
<br />damages, losses and expenses arise from the Council's own negligence. Claims included in this
<br />indemnification include, without limitation, any claims asserted pursuant to the Minnesota
<br />Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 115B, the
<br />federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980
<br />(CERCLA) as amended, United States Code, Title 42, sections 9601 et seq., and the federal
<br />Resource Conservation and Recovery Act of 1976 (RCRA) as amended, United States Code,
<br />title 42, sections 6901 et seq. This obligation shall not be construed to negate, abridge, or
<br />otherwise reduce any other right or obligation of indemnity which otherwise would exist between
<br />the Council and the Grantee. The provisions of this section shall survive the expiration or
<br />termination of this .Agreement. This indemnification shall not be construed as a waiver on the
<br />part of either the Grantee or the Council of any immunities or limits on liability provided by
<br />Minnesota Statutes chapter 466, or other applicable state or federal law.
<br />5.04. Acknowledgments and Signage. The Grantee will acknowledge the financial assistance
<br />provided by the Council in promotional materials, press releases, reports, and publications
<br />relating to 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
<br />"Metropolitan Council" (not "Met Council" or "Metro Council").
<br />5.05. Permits, Bonds, and Approvals. The Council assumes no responsibility for obtaining
<br />any applicable local, state, or federal licenses, permits, bonds, authorizations, or approvals
<br />necessary to perform or complete the Project activities described or identified in Attachment A.
<br />The Grantee and its developer(s), if any, must comply with all applicable licensing, permitting,
<br />bonding, authorization, and approval requirements of federal, state, and local governmental and
<br />regulatory agencies, including conservation districts.
<br />5.06. Subgrantees, Contractors and Subcontractors. The Grantee shall include 'in any
<br />subgrant, contract or subcontract for Project activities appropriate provisions to ensure
<br />subgrantee, contractor, and subcontractor compliance with all applicable state and federal laws
<br />and this Agreement. Along with such provisions, the Grantee shall require that contractors and
<br />subcontractors performing work covered by this grant comply with all applicable state and
<br />federal Occupational Safety and Health Act regulations. The Grantee's subgrant agreement(s)
<br />shall expressly include the affordability and affirmative fair housing marketing plan requirements
<br />of Sections 2.15 and 2.16.
<br />Page 10 of 12 Pages
<br />Boulevard Project rev. 12/12/17
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