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-4- <br /> <br /> B. It is anticipated by the parties that the party ultimately implementing a <br />project funded by monies received from the grant may be either the .~{unieipa{ity or the <br />County. The determination of whieh party will implement the project will be made by the <br />parties after consideration of the nature and scope of the project, and the ability of each <br />party to undertake the project, though it is understood by the Municipality that the <br />County shall have final responsibility for selecting projects and filing annual F, rant <br />requests. The County is hereby authorized to distribute to the l~{unicipality such funds as <br />are determined appropriate for the Municipality to use in implementing a project and the <br />County is hereby authorized to undertake projects within the Municipality as are <br />determined appropriate for the County to undertake. Contracts let and purchases made <br />pursuant to a project under this Agreement shall conform to the requirements applicable <br />to the entity undertaking the project. <br /> <br /> V. SPECIAl, PROVISION <br /> <br /> A. Nothing in this Agreement shall be construed to i~revent or otherwise modify <br /> or abrogate the right of Municipality or County to submit individual applications for <br /> discretionary funds in the event County does not receive desi{~nation as an urban county <br /> entity under the Act. <br /> <br /> B. Municipality and County mutually agree to indemnify and hold harmless eaeh <br /> other from any claims, losses, costs, expenses or damages resulting from the acts or <br /> omissions of their respective officers, agents and employees relating to activities <br /> conducted by either under this Agreement, the Act or the Regulations. <br /> <br /> C. In the event that there is a revision of the Act and/or Regulations which would <br /> make this Agreement out of compliance with the Act or Regulations, both parties will <br /> review this Agreement to renc~otiate those items necessary to bring the Agreement into <br /> compliance. Both parties understand and agree that the refusal to renegotiate this <br /> Agreement will result in the effective termination of the Agreement as of the date it is <br /> no Ionizer in compliance with the Act and/or Regulations as amended. <br /> <br /> <br />