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<br />upon or claimed to be based upon, statutory, contractual, common law, tort (including but not
<br />limited to negligence, fraud, conversion, intentional tort or other common law tort) or other
<br />liability of Grantee, Grantee’s representatives, employees, contractors, subcontractors, material
<br />men or suppliers or any other persons. The promise of indemnification herein shall be construed
<br />to reflect Grantee’s intent to indemnify the RDA to the fullest extent permitted by law for such
<br />Claims. Grantee shall insure specifically the indemnity contained hereinabove and shall include
<br />the RDA as an additional insured by causing amendatory riders or endorsements to Grantee’s
<br />insurance policies. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL EITHER
<br />PARTY BE LIABLE FOR OR HAVE ANY DUTY FOR INDEMNIFICATION OR
<br />CONTRIBUTION TO THE OTHER PARTY FOR ANY CLAIMS FOR STATUTORY OR
<br />COMMON LAW INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
<br />PUNITIVE, OR TREBLE DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING
<br />STRICT LIABILITY AND NEGLIGENCE) SUCH AS, BUT NOT LIMITED TO, LOSS OF
<br />USE, REVENUE, PROFIT, BUSINESS OPPORTUNITIES AND THE LIKE, DEPRECIATION
<br />OR DIMINUTION IN VALUE, EVEN IF THE PARTY HAD BEEN ADVISED, OR KNEW OR
<br />SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
<br />14.LIENS. The Grantee shall make prompt payments to all persons who have done
<br />work or furnished materials for the Grantee’s performance of the work and shall, from time to time
<br />upon demand, furnish satisfactory evidence to the RDA that such persons are entitled to no further
<br />compensation. In the event a lien shall be filed against the Project, by any person who has, or has
<br />alleged to have, done work or furnished materials for or in the performance of the Grantee or its
<br />representatives work, the Grantee shall at its expense, upon demand of the RDA, take all necessary
<br />action, by bond or otherwise, to cause any such lien to be released or discharged therefrom, and
<br />Grantee shall fully indemnify the RDA against any loss or expense in connection therewith,
<br />including reasonable expert and attorneys’ fees incurred by the RDA.
<br />15.TERMINATION.
<br />A.Termination for Cause. A breach by Grantee of any representation,
<br />certification, or warranty made herein, or Grantee’s failure to complete the Project in
<br />accordance with Section 4 herein or to expend Project Funds in accordance with this
<br />Agreement and the IEDC Agreement may be considered a material breach hereof and shall
<br />entitle the RDA to (i) suspend payment of Project Funds, (ii) suspend Grantee’s
<br />participation in the RDA, READI, and/or the IEDC grant programs until such time as all
<br />material breaches are cured to the RDA’s and/or the IEDC’s satisfaction, and/or (iii) deem
<br />all Project Funds, spent or unspent, due and payable to the RDA. The expenditure of Project
<br />Funds other than in conformance with this Agreement and the IEDC Agreement may be
<br />deemed a breach of this Agreement. Grantee explicitly covenants that it shall repay to the
<br />RDA all funds not spent in conformance with this Agreement and/or the IEDC Agreement
<br />within twenty (20) days following the RDA’s demand for payment of such. If the RDA or
<br />the IEDC is subject to any fine, penalty or fee as a result of Grantee’s improper expenditure
<br />of Project Funds, Grantee shall fully reimburse the RDA and/or the IEDC for any such
<br />fine, penalty or fee and any other related incurred expense.
<br />B.Termination for Convenience. Grantee acknowledges and agrees that unless
<br />prohibited by a statute or regulation relating to the award of the Grant, the IEDC Agreement
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