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LOCAL HOUSING INCENTIVES ACCOUNT
<br />the Council's interests and may refuse to disburse additional grant funds and may require the Grantee
<br />to return all or part of the grant funds already disbursed.
<br />4.03. Amendments and Extension. The Council and the Grantee may amend this Agreement by
<br />mutual agreement. Amendments or an extension of this Agreement shall be effective only on the
<br />execution of written amendments signed by authorized representatives of the Council and the Grantee. If
<br />the Grantee needs additional time within which to complete grant -funded activities and commence the
<br />Project, the Grantee must submit to the Council AT LEAST NINETY (90) CALENDAR DAYS
<br />PRIOR TO THE EXPIRATION DATE, a resolution of the Grantee's governing body requesting
<br />the extension and a written extension request. THE EXPIRATION DATE MAY BE
<br />EXTENDED, BUT THE PERIOD OF ANY EXTENSION(S) SHALL NOT EXCEED TWO
<br />(2) YEARS BEYOND THE ORIGINAL EXPIRATION DATE IDENTIFIED AT PAGE 1 OF
<br />THIS AGREEMENT.
<br />V. GENERAL PROVISIONS
<br />5.01. Equal Opportunity. The Grantee agrees it will not discriminate against any employee or
<br />applicant for employment because of race, color, creed, religion, national origin, sex, marital status,
<br />status with regard to public assistance, membership or activity in a local civil rights commission,
<br />disability, sexual orientation, or age and will take affirmative action to insure applicants and
<br />employees are treated equally with respect to all aspects of employment, rates of pay and other forms
<br />of compensation, and selection for training.
<br />5.02. Conflict of Interest. The members, officers, and employees of the Grantee shall comply
<br />with all applicable state statutory and regulatory conflict of interest laws and provisions.
<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 Council
<br />and its members, employees and agents from and against all claims, damages, losses, and expenses,
<br />including but not limited to attorneys' fees, arising out of or resulting from the conduct or
<br />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 l 15B, the federal
<br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as
<br />amended, United States Code, Title 42, sections 9601 et seq., and the federal Resource Conservation
<br />and Recovery Act of 1976 (RCRA) as amended, United States Code, title 42, sections 6901 et seq.
<br />This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or
<br />obligation of indemnity which otherwise would exist between the Council and the Grantee. The
<br />provisions of this section shall survive the expiration or termination of this Agreement. This
<br />indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of
<br />any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable
<br />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 relating to
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<br />Boulevard Project rev. 1119/17
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