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20. LIABILITY OF SUBRECIPIENT. The parties agree that Subrecipient shall be solely
<br />responsible for any and all claims, demands, or causes of action arising from Subrecipient's
<br />obligations under this Agreement. Each party to this Agreement must seek its own legal
<br />representative and bear its own costs, attorney fees and expenses, in any litigation that may arise from
<br />the performance of this Agreement. It is specifically understood and agreed that ODNR does not
<br />indemnify Subrecipient. Nothing in this Agreement shall be construed to be a waiver of the sovereign
<br />immunity of the State of Ohio or the immunity of any of its employees or agents for any purpose. In
<br />no event shall ODNR be liable for indirect, consequential, incidental, special, liquidated, or punitive
<br />damages, or lost profits.
<br />21. COMPLIANCE WITH LAW. Subrecipient shall comply with and shall monitor and
<br />implement any tasks or requirements relating to all existing, changes to, and new federal, state or local
<br />laws, ordinances, regulations, rules, decisions, orders or requirements that are applicable to
<br />Subrecipient's activities under this Agreement. Subrecipient agrees to comply with all applicable
<br />federal, state, and local laws in the conduct of the work hereunder, including federal and state
<br />prevailing wage laws (Ohio Revised Code Chap. 4115, as well as Ohio Administrative Code Chap.
<br />4101:94). Subrecipient and its employees are not employees of the State with regard to the
<br />application ofthe Fair Labor Standards Act, Federal Insurance Contribution Act, Social Security Act,
<br />Federal Unemployment Tax Act, Internal Revenue Code, and state revenue and tax laws.
<br />22. TAXES. Subrecipient accepts full responsibility for payment of any and all taxes, insurance
<br />premiums, or payroll deductions required for all employees engaged by Subrecipient in the
<br />performance of the work authorized by this Agreement, including without limitation, unemployment
<br />compensation, workers' compensation, and all health care, income tax, social security, and Medicare
<br />deductions. The State is exempt from federal, state, and local taxes and shall not be liable for any taxes
<br />under this Agreement.
<br />23. SELF INSURANCE. The State of Ohio is self-insured for the indemnification of its officers
<br />and employees in the maximum aggregate amount of one million dollars per occurrence in
<br />accordance with Section 9.87 of the Ohio Revised Code.
<br />24. SUBRECIPIENT'S REPRESENTATIONS AND WARRANTIES
<br />A. Compliance with Laws. Subrecipient, in the execution of its duties and obligations
<br />under this Agreement, agrees to comply with all applicable federal, state, and local laws,
<br />rules, regulations, and ordinances.
<br />B. Drug -Free Workplace. Subrecipient agrees to comply with all applicable federal,
<br />state, and local laws regarding smoke-free and drug-free work places and shall make a good
<br />faith effort to ensure that none of its employees or permitted contractors purchase, transfer,
<br />use, or possess illegal drugs or alcohol, or abuse prescription drugs in any way while engaged
<br />in the Project.
<br />C. Nondiscrimination of Employment. Pursuant to Ohio Revised Code § 125.111 and
<br />ODNR's policy, Subrecipient agrees that Subrecipient, any contractor, and any person acting
<br />on behalf of Subrecipient or a contractor, shall not discriminate, by reason of race, color,
<br />religion, sex, sexual orientation, age, disability, military status as defined in Ohio Revised
<br />Code § 4112.01, national origin, or ancestry against any citizen of this state in the
<br />employment of any person qualified and available to perform the work relating to the Project.
<br />Subrecipient further agrees that Subrecipient, any contractor, and any person acting on behalf
<br />of Subrecipient or a contractor shall not, in any manner, discriminate against, intimidate, or
<br />retaliate against any employee hired for the performance of work relating to the Project on
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