2010 030 Ordinance - Laserfiche WebLink

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13. Liability. Grantee shall maintain, or cause any vendors or subcontractors to maintain, all required liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, damage to property caused by the negligent acts or omissions, or negligent conduct of the Grantee, to the extent permitted by law, in connection with the activities of this Agreement. Grantee agrees to defend NOPEC, the Committee and First Energy Solutions Corp. and pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this Agreement shall impute or transfer any liability of any nature whatsoever from Grantee to NOPEC, the Committee or First Energy Solutions Inc. 14. Adherence to State and Federal Laws, Regulations. Grantee agrees to comply with all applicable federal, state, and local laws in the performance of the Project. Grantee accepts full responsibility for payments of all unemployment compensation, insurance premiums, workers' compensation premiums, all income tax deductions, social security deductions, and any and all other taxes or payroll deductions required for all employees engaged by Grantee on the performance of the work authorized by this Agreement. 12. Termination after Project Completion. NOPEC and the Committee reserve the right to terminate this Agreement at any time during the Term of this Agreement, for good cause shown, even if the Project has been fully competed. The Committee may, in addition to the Effects of Termination outlined in Paragraph 11 of this Agreement, withhold final installment payment of the Funds or require a Grantee to return all or any part of the Funds awarded if a Grantee is found to have violated the provisions of this Agreement. Notwithstanding any other provision in this Agreement, a Grantee that either: a) withdraws from membership in the Northeast Ohio Public Energy Council or its electricity aggregation program; or b) withdraws participation of any of the Applicant's eligible electricity accounts from the Northeast Ohio Public Energy Council's electric aggregation program, or c) Enters into an agreement with an electricity generation supplier other than through the Northeast Ohio Public Energy Council's electricity aggregation program for any of the Applicant's eligible electricity accounts prior to the expiration of the Term, shall return the entire amount of the Grant Funds to NOPEC as liquidated damages for a breach of this Agreement. Return of Grant Funds under this section is in addition to any other payments required under the Northeast Ohio Public Energy Council Bylaws and the Northeast Ohio Public Energy Council of Governments Agreement with its member communities. 15. Miscellaneous. a) Governing Law. The laws of the State of Ohio shall govern this Agreement. All actions regarding this Agreement shall ?be forumed and venued, in a court of competent subject matter jurisdiction, in Cuyahoga County, Ohio. b) Entire Agreement. This Agreement and any documents referred to herein constitute the complete understanding of the parties and merge and supersede any and all other discussions, agreements and understandings, either oral or written, between the parties with respect to the subject matter hereof. c) Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the