|
7.02 Title. Title to the machineD' or equipment shall remain ;;4th the Grantee during the
<br />Project Activity Period. According}y, the Grantee shall take reasonable measures to
<br />protect and defend its title interest and shall keep the machinery or equipment free and
<br />clear of any liens, encumbrances, or other claims.
<br />
<br />7.03 Risk of Loss. The Grantee bears the risk of loss of, damage to, or destruction of
<br />the machinery or equipment. No such loss, damage, or destruction shall relieve the
<br />Grantee of its obligations under this agreement.
<br />
<br />7.04 Noncompliance by Grantee. If the Council finds that there has been a failure to
<br />comply with the provisions of this agreement, the Council may terminate the agreement at
<br />any time following seven (7) days' written notice to the Grantee and upon failure of the
<br />Grantee to cure the default within the seven-day period. If the Council finds that the
<br />Grantee's noncompliance is willful and unreasonable, the Council may terminate or
<br />rescind this agreement and require thc Grantee to repay the grant funds in full or in a
<br />portion determined by the Council. Nothing herein shall be construed scl as to limit the
<br />Council's legal remedies to recover grant funds.
<br />
<br />7.05 Repayment of Grant l'rrmeeds. If thc machineD, or equipment is not used for at
<br />least three (3) years from the date of final execution of this agreement for landfill
<br />abatement or detoxification activities, the Grantee shall return the Council's pro rata share
<br />of grant proceeds within thirty (30) days oi' the date the machineD, or equipment ceases to
<br />be used for landfill abatement or detoxificat/on act/v/ties. The Council's pro rata share
<br />shall be calculated by multiplying the CounciI's total grant amount by the number of
<br />months the machineD' or equipment was actually used for landfill abatement or
<br />detoxification activities, and dividing the product by 36.
<br />
<br />7.06 Unauthorized Use of Grant Proceeds. Upon a finding by Council staff that the
<br />Grantee has made an unauthorized or undocumented use of grant proceeds, and upon a
<br />demand for repayment issued by the Council, the Grantee agrees to promptly repay such
<br />amounts to the Council.
<br />
<br />7.07 Termination by Grantee. This agreement ma)' be terminated by the Grantee at an),
<br />time upon written notice to the Council. However, termination will not necessarily relieve
<br />the Grantee of responsibilities to the Council under thks agreement.
<br />
<br />7.08 Indemnification. The Grantee assumes liability for, and agrees to indemnify, protect
<br />and hold harmless the Council from any liabilities, obligations, losses, damages, claims,
<br />injuries, penalties, costs and expenses, including reasonable attorney's fees, arising out of
<br />the manufacture, use, condition, operation or ownership of the machinery or equipment.
<br />
<br />7.09 Public Data. The Grantee acknowledges that the results of the grant project, the
<br />reports submitted, and any new information that is developed with the assistance of this
<br />grant is in the public domain and may not be copyrighted or patented.
<br />
<br />7.10 Equal Employment Opportunity; Affirmative Action. The Crrantee agrees to
<br />comply with alt applicable laws relating to nondiscrimination and affirmative action. In
<br />particular, the Grantee agrees not to discriminate against any employee, applicant for
<br />employment, or participant in this project because of race, color, creed, religion, sex,
<br />marital status, status with regard to public assistance, membership or activity in a local civil
<br />rights commission, disabili~', age, or national origin, and further agrees to take affirmative
<br />
<br />I
<br />I
<br />
<br />I
<br />I
<br />I
<br />I
<br />I
<br /> I
<br /> I
<br />
<br /> I
<br /> I
<br /> I
<br /> I
<br /> I
<br /> I
<br /> I
<br /> I
<br /> I
<br />
<br />
<br />
|