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2008_0414_packet
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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 s -hall receive payment on a pro rata basis for eligible Project activities <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 funds 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 of later audits or corrections. If the Council determines the Grantee has failed to <br />cornpl.y with the terms and conditions of this Agreement and the applicable provisions of the <br />Metropolitan Uvable Communities Act. the Council may take any action to protect the Councils <br />interests and may refase to disburse additional grant funds and may require the Grantee to return all or <br />part of the grant funds already dishu.rsed. <br />5.03 Amendments and Extensions. The Councit and the grantee may aniend this Agreement by <br />rnutua.l agreement. Amendments or extensions of this Agreement shall be effective only on the <br />execution of written amendments signed by authorized representatives of the Council and the Grantee. <br />The Expiration Date may be extended beyond the original Expiration. Date identi.f ied at page l of <br />this Acyreer ent if, AT LEAST THIRTY (0) CALENDAR DAYS PI1I -OR TO THE V 'PtI ATION <br />DATE, the Grantee's authorized representative submits a written extension r. egUest that: (a) states <br />the reason for the extension request; (b) identifies a new completion. date. which shall not exceed <br />one year beyond the original Expiration Date; and (c) describes in reasonable detail any proposed <br />changes to the project activities and budget. THE EXPIRATION DATE MAY 11E EXTENDED ONLY <br />ONCE. ME I "ERJOI) OF THE ONE-TIME F TENSION S14ALL NOT EXCEED ONE (1) YEAR <br />BEYOND THE O I IINAL EXPIRATION DATE TI)EI T'IFIED AT PAT I OF THIS AGREEMENT. <br />Any additional extension re€ Uests f'rorn the Grantee must be approved by the governing body of the <br />Metropolitan Council. <br />VI. Cr'EI EI AL PROVISIONS <br />6.01 Equal Opportunity. The Grantee agrees it will net discriminate against any ernpl.oyee or <br />applicant for employment because of race} color, creed, religion, national origin, sex, marital status, <br />status with regard to public assistance, zlzeillbershlp or activity in a local civil nights commission, <br />disability, sexual orientation or age and will take affirmative action to insure applicants and employees <br />are treated equally with respect to all aspects of employment, rates of pay and other forms of <br />cornpensatioll, alzd selection for training <br />6.02 Conflict of Interest. 'Fhe mernbers, officers and employees of the Grantee shall comply with <br />all applicable state statutory and regulatory conflict of interest lags and provisions. <br />.03 Liability. u�j ect to the limitations provided in Minnesota Statutes chapter- 466, to the fullest <br />extent permitted by law, the Grantee shall defend, incleninify and bold harmless the Council and its <br />members-, employees and agents from and against all claims, daniapes, losses and expenses} including <br />but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of <br />the P ro.j ect activities funded by this grant,. except to the extent the claims, damages, losses and <br />expenses arise from the Council's own negligence. Claims included in this indemnification include, <br />without limitation, any claims asserted pursuant to the Minnesota Environmental Response and <br />Liability Act (MERLA), Minnesota Statutes chapter 115B, the federal Comprehensive Env iromiiental <br />Response., Compensation, and Liability Act of 1980 ERCLA) as. arnen.ded, United Mates Code, <br />title 4 , sections 9601 et seq., and the federal Resource Conservation and Recovery .Act of 197-6 <br />Pogo 7 Q1. J 0 Pages il <br />
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