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located within this NSP2 Consortium jurisdiction that is required by the National
<br />Environmental Policy Act of 1969 and related federal environmental authorities and
<br />regulations at 24 CFR parts 58, or the California Environmental Protection Act.
<br />Section 4.4 Equal Opportunity and Fair Housing.
<br />The County shall comply with the equal opportunity and fair housing
<br />requirements of 24 CFR Part 92.350.
<br />Section 4.5 Indemnification.
<br />(a) A Member awarded NSP2 Funds by the Lead Member pursuant to
<br />this Funding Agreement shall be designated a Funded Member, and each Funded
<br />Member agrees to defend, indemnify, and hold all other Members and the Lead Member,
<br />and their respective elected officials, officers, directors, employees, agents, and
<br />designated volunteers harmless from and against any and all loss, liability, damage,
<br />including reasonable attorney's fees and court costs, arising out of or related to, and to
<br />the extent proximately caused by, the negligent acts or omissions of the Funded Member,
<br />or by the willful misconduct of the Funded Member, its elected officials, officers,
<br />directors, employees, agents, and designated volunteers related to this Agreement and the
<br />Funded Member's use of any NSP2 Funds.
<br />(b) The Lead Member agrees to defend, indemnify, and hold all other
<br />Members and their respective elected officials, officers, directors, employees, agents, and
<br />designated volunteers harmless from and against any and all loss, liability, damage,
<br />including reasonable attorney's fees and/or court costs, arising out of or related to, and to
<br />the extent proximately caused by, the negligent acts or omissions of the Lead Member, or
<br />by the willful misconduct of the Lead Member, its elected officials, officers, directors,
<br />employees, agents, and designated volunteers related to this Agreement and the Lead
<br />Member's use of any NSP2 Funds.
<br />(c) This indemnification provision shall survive the termination or
<br />expiration of this Agreement.
<br />ARTICLE 5.
<br />MISCELLANEOUS PROVISIONS
<br />Section 5.1 Dis utes.
<br />Any disagreement between the Lead Member and the City regarding the meaning,
<br />requirements or performance of this Agreement are subject to final determination in
<br />writing by the Steering Committee. In resolving any such disagreement, the Steering
<br />Committee is required to apply the NSP2 Requirements, the Grant Agreement, the Grant
<br />Application and this Agreement.
<br />Section 5.2 Notices.
<br />Alameda County and City of San Leandro 9
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