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2016 022 Ordinance
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2016 022 Ordinance
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Last modified
11/19/2018 4:11:54 PM
Creation date
9/11/2018 6:33:16 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
022
Date
9/19/2016
Year
2016
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(i) Discontinue Disbursements. If the Grant Funds have not been fully disbursed, Grantor may <br />terminate any and all of Grantor's obligations under this Agreement, including the obligation to <br />make further disbursements of Grant Funds. <br />(ii) Demand Repayinent of Grant Funds. Under the circumstances described in Section 4 and 5 of <br />this Agreement, Grantor may demand repayment of Grant Funds. Grantee shall not be required <br />to refund Grant Funds in an amount that exceeds the Grant Funds awarded. <br />(iii) Other Legal Remedies. Pursue any other legal or equitable remedies Grantor may have under this <br />Agreement or applicable law. <br />(c) Early Termination. Grantor may also terminate this Agreement if Grantee (i) defaults under <br />another Agreement between the Grantor or the Director of Grantor and Grantee, (ii) admits Grantee's <br />inability to pay its debts as such debts become due, (iii) Grantee comtnences a voluntary bankruptcy, (iv) <br />an involuntary bankuptcy action occurs against Grantee which remains undismissed or unstayed for 60 <br />days, (v) Grantee fails to meet the minimum funding requirements under the Employee Retirement <br />Incotne Security Act or other such employee benefits plan, or (vi) Grantor has reason to believe Grantee <br />has terminated the Eligible Project. The events permitting early termination by Grantor shall be <br />considered a default by Grantee and subject to the remedies available under paragraph (b) of this Section <br />14. <br />(d) Remedies Cumulative. No remedy provided to Grantor under this agreement or otherwise by law <br />or in equity is exclusive of any other available remedy. No delay or omission by Grantor in exercising <br />any right or power accruing upon any default shall impair any such right or power or be construed as a <br />waiver, and each such right or power may be exercised from time to time as often as may be deemed by <br />Grantor to be expedient. <br />(e) Effects of Termination. Within 60 days after ternination of this Agreement following any <br />default, Grantee shall provide Grantor with a final report setting forth the total expenditure of the Grant <br />Funds by Grantee, the total actual cost of the Eligible Project, a written summary of all work completed <br />and the status of the Eligible Project. The final report shall be signed and certified in the same manner as <br />the reports required by Sections 4, 11 and Exhibit 1 of this Agreement. This reporting obligation shall <br />survive the termination of the Agreement. <br />(f) Grantor's Expenses. Grantee shall reimburse Grantor for all expenses, including, without <br />limitation, reasonable attorneys' fees, in connection with the enforcement of this Agreement. <br />15. Liabili Grantee shall maintain, or cause to be maintained, liability and property insurance to <br />cover actionable legal clauns for liability or loss which are the result of injury to or death of any person, <br />damage to property (including property of Grantor) caused by the negligent acts or omissions, or <br />negligent conduct of the Grantee, to the extent permitted by law, in connection with the activities of this <br />Agreement. Furthermore, Grantee agrees to be liable for the negligent acts or negligent omissions of <br />Grantee, its employees, agents and contractors. Grantee shall defend itself and pay any judgments and <br />costs arising out of such negligent acts or omissions. Nothing in this Agreement shall impute or transfer <br />any such liability to Grantor. <br />16. Certification of Funds. None of the rights, duties and obligations of the parties under this <br />Agreement shall be binding on either party until all statutory provisions of the Ohio Revised Code <br />including, without limitation, Section 126.07, have been complied with, and until such time as all funds <br />have been made available and are forthcoming from the appropriate State agencies. <br />17. Notice. Any notice or report required or permitted to be given under this Agreement shall be <br />Local Government Safety Capital Grant Page 7 of 11 <br />
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