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<br />If the project site is rende~ed unusable for any reason whatsoever, the Grantee agrees to <br />immediately notify the Depm1tment of said conditions and to make repairs, at its own expense, <br />in order to restore use and e~oyment of the project by the public. <br /> <br />The Grantee agrees not to discriminate against any person on the basis of race, sex, color, <br />national origin, age, residen,cy or ability in the use of any property or facility acquired or <br />developed pursuant to this agreement. <br />i <br />i <br />The Grantee shall hold and save the State, its officers, agents, and employees harmless from <br />liability of any kind, inclu~ing all claims .and losses, with the exception of consequential <br />damages, accruing or resulting to any other person, firm, or corporation furnishing or <br />supplying work, services, mjlterials, or supplies in connection with the performance of this <br />, <br />contract, and from any and ~l claims and losses accruing or resulting to any person, firm, or <br />corporation that may be dam~ged by .the Grantee in the performance of this contract and that <br />are attributable to the negligepce or intentionally tortious acts of the Grantee provided that the <br />Grantee is notified in writinglwithin 30 days that the State has knowledge of such claims. The <br />Grantee represents and warr$ts that it shall make no claim of any kind or nature against the <br />State's agents who are invo\ved.in the delivery or processing of Grantee goods to the State. <br />The representatilm and warrl\nty in the preceding sentence shall survive the termination or <br />expiration of this contract. . <br /> <br />The Grantee certifies that it; (a) has neither used nor will use any appropriated funds for <br />payment to lobbyists; (b) will!disclose the name, address, payment details, and purposes of any <br />agreement with lobbyists whqfu Grantee or its sub-tier contractor(s) or sub-grantee(s) will pay <br />with profits or non-appropria~ed funds on or after December 22, 1989; and will me quarterly <br />updates about the use of lobb~ists if material changes occur in their use. <br />, <br /> <br />Project Termhlation and Applicant Eligibility <br />I <br />r. , <br />The Grantee may unilaterall>ll' rescind this agreement at anytime prior to the expenditure of <br />funds on the project described,.in this contract. ' <br />[ <br /> <br />If through any cause, the Grahtee fails to fu1f1ll in a timely and proper manner the obligations <br />under this contract, the Deparlment shall thereupon have the right to terminate this contract by <br />giving written notice to the G~antee of such termination and specifying the reasons thereof. In <br />that event, the Grantee shall ibe entitled to receive just and equitable compensation for any <br />sa, tis factory work completed i4 an amount which bears the same ratio to the total compensation <br />as the services actually perfoPned bear to the total services of the Grantee covered by this <br />, <br />contract. ' <br /> <br />Failure by the Grantee to cotpply with the provisions and conditions set forth in the formal <br />application, PARTF adIiJ.inistfative rules and this agreement shall result in the Department <br />declaring the Grantee ineligib~e for further participation in PART,F, in addition to any other <br />remedies provided by law, unfil such time as compliance has been obtained to the satisfaction <br />of the Department. ! <br />.[ <br /> <br />4 <br />-F~5 <br /> <br />