Agenda - Council - 02/24/2004 - Laserfiche WebLink

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3.04 Envirolin~ental Site Assessment. The Grantee represents that a Phase I Environmental Site Assessment or ether environmental review has been or will be carried out, if such environmental assessment or review is appropriate for the scope and nature of the project activities funded by this Agreement, and!that any environmental issues have been or will be adequately addressed. III. AGREEMENT TERM 4.01. Term and End Date. This Agreement is effective upon execution of the Agreement by the Council. Unl~s~ terminated pursuant to Paragraph 4.02, this Agreement terminates on the "End Date" identificd~at Page 1 of this Agreement. 4.02 Terminat!om :This Agreement may be terminated by the Council for cause at any time upon fourteen (14) Calendar days' written notice to the Grantee. Cause shall mean a material breach of th~s Agreementi. and any amendments of th~s Agreement. If this Agreement is .terminated, the Grantee shall r~ceiVe payment on a pro rata basis for eligible project activities described in Attachment A tl~at have been completed. Termination of this Agreement does not alter the Council's authority to recover :grant funds on the basis of a later audit or other review, and does not alter the Grantee's oblig~ation to return any grant funds due to the Council as a result of later audits or corrections. If t~e COuncil determines the Grantee failed to comply with the terms and conditions of this Agreementi~ and all applicable provisions, the Council may take any action to protect the Council's inter, ts, may refuse to disburse additional grant funds, and may require the Grantee to return all or part of the grant funds already disbursed to the extent such grant funds were not used in accordance with this Agreement. 4.03 Amendments. The Council and the Grantee may amend this Agreement by mutual agreement. Amendments,lchanges or modifications of this Agreement shall be effective only on the execution of written amcnflments signed by authorized representatives of the Council and the Grantee. IV. GENERAL PROVISIONS 5.01 Equal OPportunity. The Grantee agrees it will not discriminate against any employee or applicant for erciployment because of race, color, creed, religion, national origin, sex, marital status, status w~th regard to pubhc assistance, membership or activity in a local civil rights commission, disability, sexual orientation or age and take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. 5.02 Conflict of Interest. The members, officers and employees of the Grantee shall comply with ail applicable state statutory and regulatory conflict of interest laws and provisions. 5.03 Liability.! To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses:andexpenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the project activities funded by this Agreement. Claims included in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota Env~onmental Response and Liability Act (MERLA), Minnesota Statutes Chapter 115B, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Predevelopmen~ Grant Program Page 4 of 8 Pages