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reviews requiring public comment shall be presented to the City for inspection
<br />no less than 15 days prior to advertising, as required by 24 CFR 58.56. In the
<br />event that the City, the U.S. Department of Housing and Urban Development,
<br />U.S. Environmental Protection Agency, N.C. Dept. of Environment and Natural
<br />Resources, U.S. Army Corps of Engineers or any other governmental body
<br />having jurisdiction finds that any environmental review was not properly
<br />conducted or is in any way inadequate, the Agency shall fully indemnify and
<br />save harmless the City, its agents, officers, and employees, to the maximum
<br />extent allowed by law, from and against all charges that arise in any manner
<br />from, in connection with, or out of this contract as a result of the acts or
<br />omissions of the Agency, its contractor or subcontractors or anyone directly or
<br />indirectly employed by any of them or anyone for whose acts any of them may
<br />be liable in regard to the environmental reviews described above and in 24 CFR
<br />58.5 and 58.8. The Agency shall not be liable for damage or injury caused
<br />solely by the negligence of the City its agents, officers, or employees. In
<br />performing its duties under this section, the Agency shall at its sole expense
<br />defend the City of Concord, its agents, officers, and employees with legal
<br />counsel reasonably acceptable to City. As used in this subsection, "Charges"
<br />means claims, judgments, costs, damages, losses, demands, liabilities, duties,
<br />obligations, fines, penalties, royalties, settlements, expenses, interest,
<br />reasonable attorney's fees, and amounts for alleged violations of sedimentation
<br />pollution, erosion control, pollution, or other environmental laws, regulations,
<br />ordinances, rules, or orders. Nothing in this section shall affect any warranties
<br />in favor of the City that are othervvise provided in or arise out of this contract.
<br />This section shall remain in force for a period of one year from the completion
<br />date of Work despite termination of this Agreement (whether by expiration of the
<br />term or otherwise) and termination of the services of the Agency under this
<br />Agreement.
<br />19. The Agency shall ensure that the City has sufficient time to review and
<br />comment '; on all environmental reviews as defined in paragraph 18,
<br />environmental assessments and environmental impact statements that may
<br />have an impact on Agency's program(s). The Agency and City depending on
<br />the length and complexity of the assessment or impact statement shall
<br />determine':"Sufficient time".
<br />D.
<br />20. The Agency shall hold the City harmless for not certifying a project for the
<br />release oflfunds, or for failing to approve an environmental assessment, or not
<br />make a "Finding of no significant impact" if the City did not certify a project
<br />because the City did not complete an environmental review (as defined in
<br />paragraph;l8 above) or because the City was unable to make the certification in
<br />good faith.:
<br />FUNDING ANDiPAYMENT:
<br />The City will provide the Agency with funds received from HUD for the Project in
<br />accordance with the approved budget for the Project (hereinafter "Project Budget") or
<br />the actual cost Qf the Project, whichever is less. The payment procedure under this
<br />Agreement shall be in accordance with the following method: Payment shall be on a
<br />reimbursement basis, and upon receipt by the City of a Requisition Form, (which shall
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