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D. In the event that this Agreement is terminated as set forth in herein, the Grantee shall be required to return any funds
<br />that have been advanced to it by Patronicity or IHCDA. This subsection shall survive the expiration or termination of the
<br />Agreement.
<br />7. INDEMNIFICATION. The Grantee shall indemnify, save, and hold harmless IIICDA and Patronicity, their
<br />directors, officers, employees, and agents of and from any and all claims, losses, damages, or expenses (including
<br />reasonable attorneys' fees) arising out of or in any way related to failure or alleged failure of the Grantee to strictly and
<br />timely perform its services, duties, and obligations promptly and properly under this Agreement. This section shall survive
<br />the termination or expiration of this Agreement.
<br />8. NON-DISCRIMINATION. The Grantee covenants that it will not use the Project in a way to discriminate
<br />against person on the basis of race, color, national origin, religion, gender, age, disability, ancestry, creed, pregnancy,
<br />marital, parental status, familial status, sexual orientation, status as a veteran, physical, mental, emotional or learning
<br />disability, or any other characteristic protected by federal, state, or local law ("Protected Characteristics"). Furthermore,
<br />the Grantee certifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination
<br />based on the Protected Characteristics in the provision of services.
<br />9. POLITICAL ACTIVITIES. The Grantee will not use the Project to participate or intervene, directly or
<br />indirectly, in the campaign of any candidate or political party.
<br />10. DISPARAGEMENT. The Grantee will not use the Project to publicly criticize, ridicule, disparage or defame any
<br />person or institution.
<br />11. INDEPENDENT CONTRACTOR. The Grantee is performing as an independent entity under this Agreement.
<br />No part of this Agreement shall be construed to represent the creation of an employment, agency, partnership or joint
<br />venture agreement between the parties. Except as provided for in Section 6 above, neither party will assume liability for
<br />any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents,
<br />employees or subcontractors of the other party. The Grantee shall provide all necessary unemployment and workers'
<br />compensation insurance for the Grantee's employees, and shall provide the IHCDA with a Certificate of Insurance
<br />evidencing such coverage, upon request.
<br />12. REPRESENTATIONS AND WARRANTIES.
<br />The Grantee makes the following representations and warranties:
<br />A. All statements or information provided in Grantee's proposal and documents submitted in connection with its
<br />application and participation in the Program were and continue to be accurate in all material respects. Grantee certifies
<br />under the penalties of perjury and fraud that all information set forth herein and as provided in its application or any
<br />attachments or forms submitted with the Agreement is true, accurate and correct. If any information is determined to be
<br />false, incomplete or incorrect at any time, both Patronicity and IHCDA reserve the right to terminate any prior
<br />commitment either may have made to Grantee regarding granting it the Development Funds and Grantee may be required
<br />to return/ repay any of the Development Funds received by it from Patronicity or IHCDA.
<br />B. The Grantee has the legal power and authority to enter into and perform this Agreement and any related documents in
<br />which it is named as a party, to fulfill its obligations set forth herein and therein and to carry out the transactions
<br />contemplated hereby and thereby. This Agreement and any other documents delivered to IHCDA by the Grantee pursuant
<br />hereto are the legal, valid and binding obligations of the Grantee, enforceable against the Grantee in accordance with their
<br />respective terms. There are no actions, suits, proceedings, adverse findings or investigations pending or, to the knowledge
<br />of the Grantee, threatened, anticipated or contemplated (nor, to the knowledge of the Grantee, is there any basis therefor)
<br />against or affecting the Grantee before any court or governmental department, commission, board, bureau, agency or
<br />instrumentality, domestic or foreign, that call into question the validity of this Agreement or any action taken or to be
<br />taken in connection with the transactions contemplated hereby.
<br />Each of the representations and warranties of this section shall survive the advance of the Development Funds pursuant to
<br />this Agreement and the termination of this Agreement
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