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Grantee shall in no way nor under any circumstances be responsible for any property
<br />belonging to Subrecipient, its officers, members agents, employees, program participants,
<br />licensees or invitees, which may be lost, stolen, destroyed or in any way damaged.
<br />C. Indemnity
<br />Subrecipient covenants and agrees to indemnify, hold harmless and defend, at its
<br />own expense, Grantee and its officers, agents, servants and employees from and
<br />against any and all claims or suits for property loss or damage and/or personal
<br />injury, including death, to any and all persons, of whatsoever kind of character,
<br />whether real or asserted, arising out of or in connection with the execution,
<br />performance, attempted performance or nonperformance of this contract and
<br />Agreement and/or the operations, activities and services of the Program described
<br />herein, whether or not caused, in whole or in part, by alleged negligence of officers,
<br />agents, servants, employees, Subrecipients or sub-Subrecipients of Grantee; and
<br />Subrecipient hereby assumes all liability and responsibility of Grantee and its
<br />officers, agents, servants, and employees for any and all claims or suits for property
<br />loss or damage and/or personal injury, including death, to any and all persons, of
<br />whatsoever kind or character, whether real or asserted, arising out of or in
<br />connection with the execution, performance, attempted performance or
<br />nonperformance of this contract and Agreement and/or the operations, activities
<br />and services of the programs described herein, whether or not caused in whole or in
<br />part, by alleged negligence of officers, agents, servants, employees, Subrecipients or
<br />sub-Subrecipients of Grantee. Subrecipient likewise covenants and agrees to and
<br />does hereby indemnify and hold harmless Grantee from and against any and all
<br />injury, damage or destruction of property of Grantee, arising out of or in
<br />connection with all acts or omissions of Subrecipient, its officers, members, agents,
<br />employees, sub-Subrecipients, invitees, licensees, or program participants, or
<br />caused, in whole or in part, by alleged negligence of officers, agents, servants,
<br />employees, Subrecipients or sub-Subrecipients of Grantee.
<br />D. Workers' Compensation
<br />The Subrecipient shall provide Workers' Compensation Insurance coverage for all
<br />employees involved in the performance of this Agreement. Subrecipient must provide to
<br />OHED a Certificate of such insurance. The Subrecipient shall also abide by the Contract
<br />Work Hours and Safety Standards Act of 1962 (40 U.S.C. 327 et seq.).
<br />E. Waiver of Immunity
<br />]f the Subrecipient, as a charitable or nonprofit organization, has or claims an immunity
<br />or exemption (statutory or otherwise) from and against liability for damages or injury,
<br />including death. to persons or property, Subrecipient hereby expressly waives its rights to
<br />plead defensively such immunity or exemption as against Grantee. This section shall not
<br />be construed to affect a governmental entity's immunities under constitutional, statutory
<br />or common law.
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