Agenda - Council - 04/13/2004 - Laserfiche WebLink

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3.04 Environmental Site Assessment. The Grantee represents that a Phase I Environmental Site Assessment or other 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 AKeement by the Council. Unless terminated pursuant to Paragraph 4.02, this AKeement terminates on the "End Date" identified at Page 1 of this Agreement. 4.02 Termination. 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 this Agreement and any amendments of this Agreement. ff this Agreement is terminated, the Grantee shall receive payment on a pro rata basis for eligible project activities described in Attachment A that 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 obligation to return any grant funds due to the Council as a result of later audits or corrections, ff the Council determines the Grantee failed to comply with the terms and conditions of this Agreement and all applicable provisions, the Council may take any action to protect the Council's interests, may refuse to disburse additional Kant funds, and may require the Grantee to return all or part of the grant funds already disbursed to the extent such Kant 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, changes or modifications of this Agreement shall be effective only on the execution of written amendments 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 employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public 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 all 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 and expenses, 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 Environmental Response and Liability Act (MERLA), Minnesota Statutes Chapter 115B, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Predevefopment Grant Program Page 4 of 8 Pages