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Pk01 F,CT ID.: 4G 1499
<br />monitoring report, as described in Paragraph 4 of this Agreement, with respect to the Grantee's
<br />proper expenditure of all grant funds and company matching funds through the date of termination.
<br />21. ASSIGNMENT OR SUBGRANT:
<br />This Agreement binds the Grantee's successors and assignees to all terms and conditions of this
<br />Agreement. Grantee shall not assign, subgrant or subcontract the whole or any part of the Project or
<br />this Agreement unless it has been approved in writing by the Grantor.
<br />Any agreement subgranting or assigning grant funds to the Sponsor or any other subgrantee shall
<br />require the provisions and representations of Paragraphs 4, 6, 10 through 13, 16 and 23 be
<br />applicable to the Sponsor or any other subgrantee for the benefit of the State by explicitly including
<br />such provisions into any agreement subgranting the grant funds. Prior to subgranting any grant
<br />funds provided under this Agreement or relinquishing control or ownership of any public facilities
<br />funded in whole or in part with iunds provided under this Ayreement, the Grantee shall secure for the
<br />benefit of the Grantor a binding financial commitment from the subgrantee guaranteeing the
<br />Grantee's obligations under this Agreement. The Grantor shall have no obligation to any
<br />subgrantee.
<br />22. HOLD HARMLESS AND RESTRICTIVE COVENANTS:
<br />Grantee shall indemnify, defend, and hold harmless the Grantor and the State of Indiana and their
<br />respective agents, officers, employees and representatives from all claims and suits for loss or
<br />damage to property, including the loss of use thereof, and injuries to or death of persons, including
<br />without limitation any officers, agents, employees and representatives of Grantee or its subgrantees
<br />or subcontractors, and from all judgments recovered therefor and for expenses in defending any
<br />such claims or suits, including court costs, attorneys' fees, and for any other expenses caused by an
<br />act or omission of Grantee andlor its subgrantees, subcontractors, agents, officers or emptoyees in
<br />connection with performance of this Agreement. The Grantor shall not provide such indemnification
<br />to the Grantee.
<br />23. DEBARMENT AND SUSPENSION:
<br />Grantee certifies, by entering into this Agreement, that neither it nor its principals are presently
<br />debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
<br />entering into this Agreement by any federal agency or department, the Grantor, or agency or political
<br />subdivision of the State of Indiana. The term "principal" for purposes of this Agreement is defined as
<br />an officer, director, owner, partner, key employee, or other person with primary management or
<br />supervisory responsibilities, or a person who has a critical influence on or substantive control over
<br />the operations of Grantee.
<br />24. PENALTIES; INTEREST; ATTORNEY'S FEES:
<br />The Grantor will in good faith perform its required obligations hereunder and does not agree to pay
<br />any penalties, liquidated damages, interest or attorney's fees, except as authorized by Indiana law,
<br />in part, if applicable, Indiana Code § 5-17-5, Indiana Code § 34-54-8, and Indiana Code § 34-13-
<br />1. Notwithstanding the provisions contained in Indiana Code § 5-17-5, the parties hereto stipulate
<br />and agree that any liability resulting from any failure of the Grantor to make payments as required
<br />hereunder shall be based solely on the amount of funding originating from the Grantor or the State of
<br />Indiana and shall not be based on funding from federal or other sources.
<br />25. MISCELLANEOUS.
<br />(A.) The headings in this Agreement are intended solely for convenience or reference and will be
<br />given no effect in the construction or interpretation of this Agreement.
<br />(B.) This Agreement, including any attached exhibits, supersedes all prior oral and written
<br />proposals and communications, if any, and sets forth the entire Agreement of the parties
<br />with respect to the subject matter hereof and may not be altered or amended except in
<br />writing, signed by an authorized representative of each party hereto.
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