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OHIO ENVIRONMENTAL PROTECTION AGENCY H2OHIO RIVERS INITIATIVE: CHLORIDE REDUCTION GRANTS STATE GRANT AWARD AGREEMENT Page 11 of 19 26. (Waiver of Additional Compensation) Grantee agrees to waive any right to, and shall make no claim for, additional compensation against Ohio EPA by reason of such suspension or termination. 27. (Termination of Agreement by Grantee) Grantee may terminate this Agreement upon receipt by Ohio EPA of thirty (30) days prior written notice, whereupon termination shall be administered as if commenced by Ohio EPA. 28. (Mutual Termination) Upon mutual written, signed consent of the parties, this Agreement may be terminated, in whole or in part, pursuant to the provisions of said mutual consent. Grantee shall submit a request for payment which shall be reviewed pursuant to this Agreement. 29. (Legal and Equitable Remedies) The Director reserves the right to seek any and all other legal and equitable remedies. ARTICLE VI Liability 33. (Liability) a. Each party agrees to be responsible for any and all claims for injury or (W damages arising from this Agreement which are attributable to its own actions or omissions or those of its trustees, officers, agents, employees, suppliers, third parties utilized by Grantee, subcontractors, or joint venturers, while acting under this Agreement, as determined by a court of competent jurisdiction. Such claims shall include any claims made under the Fair Labor Standards Act or under any other federal or state law involving wages, overtime, or employment matters and any claims involving patents, copyrights, and trademarks. b. Neither party shall be liable for any negligent or wrongful acts, either of commission or omission, chargeable to the other, unless such liability is imposed by law, as determined by a court of competent jurisdiction. Each party shall seek its own legal counsel and bear its own cost, including judgments, in any litigation that may arise from the performance of this Agreement. C. Notwithstanding any other term or condition in this Agreement, Ohio EPA's liability to Grantee for damages, whether in contract or in tort, shall not exceed the amount of award monies earned to date under this Agreement or the amount of direct damages incurred by Grantee, whichever is less. Grantee's sole and exclusive remedies for Ohio EPA's, an Ohio EPA employee's, or the State's failure to perform under this Agreement shall be as set forth in this paragraph. In no event shall Ohio EPA, any Ohio EPA employee, or the State of Ohio be liable to Grantee for any indirect or consequential incidental, special or punitive damages, including, but not