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478335v2 TJG NE136-8 <br />will contact the Sub-grantee to determine whether the Sub-grantee would like these <br />repairs completed. If the Sub-grantee would like these repairs completed, it will be <br />responsible for paying the excess costs. <br /> <br />(c) The Sub-grantee will comply with all requirements and conditions of the Grant <br />Agreement applicable to the project that, by their nature, must be performed by <br />Sub-grantee rather than Grantee and that are conditions of award of funds under the <br />Grant Agreement. <br /> <br />(d) The Sub-grantee will take all other actions as are needed to ensure compliance with <br />the Grant Agreement and provide such information and assistance to the Grantee as <br />may be needed to ensure the Grantee can comply with the requirements of the Grant <br />Agreement that, by their nature, must be performed by the Grantee rather than the <br />Sub-grantee. <br /> <br />4. Grantee Reimbursement. Upon completion of the installation and the repairs, the <br />Grantee shall provide the Sub-grantee with an invoice for Sub-grantee’s share of the costs for the <br />installation and repairs. The Sub-grantee may pay the invoice or, in the alternative, the Sub-grantee <br />may opt to repay the Grantee by having the Grantee amortize the repayment amount over an 18 <br />month period at a one percent interest rate and payments will be payable with water bill for the <br />Property. In the event that the Property is sold or conveyed, the repayment amount must either be <br />paid in full at the time of conveyance or the new owner of the Property shall acknowledge that it <br />will be responsible for making the remaining payments. <br /> <br />5. Termination. This Agreement shall terminate upon payment in by the Sub-grantee <br />or its successors of the repayment amount. At that time, the parties shall execute a release of this <br />Agreement that may be recorded by the Sub-grantee against the Property. <br /> <br />6. No Assignment. The Sub-grantee may neither assign nor transfer any rights or <br />obligations under this Agreement without the prior consent of the Grantee and an Assignment <br />Agreement executed and approved by the parties. <br /> <br />7. Amendments. Any amendment to this Agreement must be in writing and will not be <br />effective until it has been executed and approved by the parties. <br /> <br />8. No Waiver. If the Grantee fails to enforce any provisions of this Agreement, such <br />failure does not waive the provision or the Grantee’s right to enforce it. <br /> <br />9. Entire Agreement. This Agreement contains all negotiations and agreements <br />between the Grantee and the Sub-grantee. No other understanding, agreements or understandings <br />regarding the Grant Agreement, or this Agreement, may be used to bind either party. <br /> <br />10. Indemnification. The Sub-grantee will indemnify, defend, and hold harmless the <br />Metropolitan Council and the Grantee, their officials, agents, contractors and employees, from any <br />claims or causes of action, including attorneys’ fees, arising from the performance of this <br />Agreement by Sub-grantee, or its officers, agents, contractors or employees.