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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 <br />forms of compensation, and selection for training. <br /> <br />5.02 Conflict of Interest. The members, officers and employees of the Grantee shall comply with <br />all applicable state statutory and regulatory conflict of interest laws and provisions. <br /> <br />5.03 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, <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 115B, the federal <br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as <br />amended, 42 U.S.C. sections 9601 et seq., and the federal Resource Conservation and Recovery Act <br />of 1976 (R. CRA) as amended, 42 U.S.C. sections 6901 et seq. This obligation shall not be construed <br />to negate, abridge or other~vise reduce any other fight or obligation of indemnity which otherwise <br />would exist between the Council and the Grantee. The provisions of this paragraph shall survive the <br />termination of this agreement. This indemnification shall not be construed as a waiver on the part <br />of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota <br />Statutes chapter 466, or other applicable state or federal law. <br /> <br />5.04 Acknowledgments. The Grantee shall acknowledge the financial assistance provided by the <br />Council in promotional materials, press releases, reports and publications relating to the project <br />activities described in Attachment A which are funded in whole or in part with the ~ant funds. The <br />acknowledgment should contain the following language: <br /> <br />Funding for this project was provided by the Metropolitan Council Metropolitan <br />Livable Communities Fund. <br /> <br />Until the project activities funded by this agreement are completed, the Grantee shall ensure the <br />above acknowledgment language, or alternative language approved by the Council's authorized <br />agent, is included on all signs located at project or construction sites that identify project sponsors <br />or entities providing financial support for the project. <br /> <br />5.05 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 <br />perform or comp [ete the project activities described in Attachment A. <br /> <br />5.06 Contractors and Subcontractors. The Grantee shall include in any contract or subcontract <br />for project activities appropriate contract provisions to ensure contractor and subcontractor <br />compliance with all applicable state and federal laws. Along with such provisions, the Grantee shall <br /> <br />-306- <br /> <br />Page 5 of 7 Pages <br /> <br /> I <br /> I <br /> I <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />i <br />I <br /> <br />! <br />I <br />I <br />I <br /> <br /> <br />