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5.02 Termination. This Agreement may be terminated by the Council for cause at any time upon
<br />fourteen (14) calendar days" written notice to the Grantee. Cause shall mean a material breach. of
<br />this Agreement and any amendments of this Agreement. If this Agreement is terminated prior to the
<br />Expiration Date, the Grantee shall receive payment on a pro rata basis for eligible Project acti.vities
<br />described in Attachment A that have been completed prior to the termination. Termination of this
<br />Agreement, does not alter the Council's authority to, recover grant ftinds, on the basis of a later audit
<br />or other review, and does not alter the Grantee's obligation to return any grant funds due to the
<br />Council as a, result cif later audits or corrections. If the Council deter ilnes the Grantee has failed to
<br />'comply vvith the terms and conditions of this Agreernent and the applicable provisions of the
<br />Metropolitan Livable Communities Act, the Council may, take any action to protect the Council's
<br />interests and may refuse to disburse additional . grant funds and may require the Grantee to return all or
<br />part of the grant funds already disbursed.
<br />I suns. The Council and the Grantee may an-iend this Agreement by
<br />5.03 Amendments and Exteri '
<br />mutual preen -ient. Amendments or extensions of this Agreement shall be effective only on the
<br />execut,i,on of written amendments signed by authorized representatives of the Council and the Grantee.
<br />The x piration Date may be extended beyond the on,ginal Expiration Date identified at page I of
<br />this Agreement if, AT' LEAs,r THIRTY (30) CALENDAR J)AYS PW.OR TO TH TU.- E EXPIRA.TION
<br />DATE, , the Grantee"s authorized representative subi-n-its a lArritten extension request that: (a) states
<br />the reason, f r the extension request; (b) identifies a new completion date, which. shall not exceed
<br />one year beyond the, oiriginal Expiration Date; and (c) describes in reasonable detail any proposed
<br />changes to the Project act,ivi , ti , es and budget. THE EXPIRATION DATE MAY BE EXTENDED ONLY
<br />ONCE, THE VIERIOD OF THE ONE, -TIME EXT"ENS,ION SHALL NOT EXCE.ED ONE (1) YEAR
<br />BEYOND THE ORIGINAL EXPWATION DATE 11DENTIVI-ED AT PAGE I OF T 1 AGREEMENT.
<br />Any additional extension requests fton-1 the (3rantee must be approved by the governing body of the
<br />Metropolitan Council.
<br />V1. GENERAL PROVISIONS
<br />6.01 Equal Opportunjt)% The Grantee agrees it will not discrinu.nate against any employee or
<br />applicant for employn'ient because of race., color, creed, religlon", national origin., sex- marital status,
<br />status with regard to public assistancel, Illerlibership or activity in a local civil rights commission,,
<br />disability, sexual orientation or age and will take of nnative action to insure applicants and employees.
<br />are treated equally with respect to all aspects of employ -ment,, rates of pay and other fornis of
<br />compensation, and selection for training.
<br />6,.,02 Conflict of Interest. The members., off icers and, employees of the Grantee shall comply with
<br />all applicable state statutory and regulatory conflict of interest laws and. provisions.
<br />6.03 Liability. Subject to the limitations provided in Minnesota Statutes chapter 466, to the ffiltest
<br />,extent pen-nitted by law, the Grantee shall defend, indemnify and hold harn-i-less the Council and its
<br />miernbers employees and agents from and ap . and expenses, includi.rig
<br />.zainst all claims, damages, losses
<br />but not limited to attorneys,' fees, arising out of or resultincr frorn the conduct or implementation of
<br />the Project activities funded by this Grant, except to the extent the claims., damages, losses and
<br />explenses arise from the Council's own negligence, Claims included in this indemnification include,
<br />id
<br />w,ithout limitation. any claims asserted pursuant to the Minnesota En.v' ronmental Response an
<br />11
<br />Liability Act (MERLA), Minnesota, Statutes chapter I I 5B, the federal Comprehensive Environmental
<br />4
<br />Response, Compensation, and Liability Act of 19,80 (CERCLA) as amended, United States Code,
<br />title 42, sections 9601 iet seq., and the federal Resource Co�nservation and Recovery Act of 1976
<br />Pag*e 7 of'] 0, Pages
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