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OHIO ENVIRONMENTAL PROTECTION AGENCY
<br />SURFACE WATER IMPROVEMENT FUND
<br />GRANT AGREEMENT
<br />Page 70
<br />[ ] b. It is understood and agreed that neither party to this Agreement shall be liable fbr
<br />any negligent or wrongful acts, either of commission or omission, chargeable to the
<br />other, unless such liability is imposed by law. Each party to this Agreement shall
<br />seek its own legal representative and bear its own cost, including judgments, iri any
<br />litigation that may arise from the performance of this Agreement.
<br />37. (Ohio EP~- Liability Limited) Ohio EPA's liability to Subgrantee for damages, whether in
<br />contract or in tort, shall not exceed the total amount of grant monies awarded under this
<br />Agreement or the amount of direct damages incurred by Subgrantee, whichever is less:
<br />Subgrantee's sole and exclusive remedies for Ohio EPA's, an Ohio EPA employee's, or the
<br />State's failure to perform under this Agreement shall be as set forth in this paragraph. Iri no
<br />event shall Ohio EPA, any Ohio EPA employee; or the State of Ohio be liable to Subgrantee
<br />for any indirect or consequential incidental, special or punitive damages, including, but not
<br />limited to, loss of profits, even if the State, Ohio EPA, or Ohio EPA employees had been
<br />advised or knew or should have known of the possibility of such damages. Notwithstanding
<br />any language to the contrary, Subgrantee shall be liable for any personal injury or damage to
<br />real property or tangible personal property, caused by its or its agents, successor's or
<br />assign's fault or negligence.
<br />38. (Hiring Responsibility) Subgrantee shall be solely responsible for the hiring of all ifs
<br />employee(s), subSubgrantee(s), agent(s), and representative(s). Subgrantee states,
<br />ensures, and warrants that all personnel involved in the performance of this Agreement Shall
<br />be properly qualified, trained, competent, and experienced to perform its duties and
<br />obligations required hereunder, and shall be, where applicable, appropriately medically
<br />monitored during the activities undertaken. Ohio EPA shall not be required to provide any
<br />training to Subgrantee to enable it to perform its duties and obligations required hereunder.
<br />39. (IVon-discrimination)
<br />a. Pursuant to ORC §§ 125.111 and 4112.02, Subgrantee agrees that Subgrantee, any
<br />subSubgrantees, and any person acting on behalf of Subgrantee or subSubgrantee,
<br />shall not discriminate, by reason of race, color, religion, sex, military status, national
<br />origin, disability, age, or ancestry against any citizen of this state in the employment
<br />of any person qualified and available to perform the work under this Agreement:
<br />b. Subgrantee further agrees that Subgrantee, any subSubgrantee, and any person
<br />acting on behalf of Subgrantee or a subSubgrantee shall not, in any manner,
<br />discriminate against, intimidate, or retaliate against any employee hired for the . .
<br />performance of work under this Agreement on account of race, color, religion, sec,
<br />military status, national origin, disability, age, or ancestry.
<br />c. As required by ORC § 125.111(6), Subgrantee represents that it has a written
<br />affirmative action program for the employment and effective utilization of
<br />economically disadvantaged persons and has filed an Affirma#ive Action Program
<br />Verification form with the Equal Employment Opportunity /Affirmative Action Unit of
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