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GRANT NUMBER 8GA21442 <br /> City of San Leandro <br />Tree Resilient San Leandro <br /> <br />10 <br /> <br />b. GRANTEE waives any and all rights to any type of express or implied <br />indemnity or right of contribution from the STATE, its officers, agents, or <br />employees for any liability resulting from, growing out of, or in any way <br />connected with or incident to this Agreement. <br />c. Nothing in this Agreement is intended to create in the public or in any <br />member of it rights as a third-party beneficiary under this Agreement. <br />11. Tort Claims <br />FEDERAL: <br />The United States shall be liable, to the extent allowed by the Federal Tort <br />Claims Act 28 United States Code 2671-2680, for claims of personal injuries or <br />property damage resulting from the negligent or wrongful act or omission of any <br />employee of the United States while acting within the scope of his or her <br />employment, arising out of this Agreement. <br />STATE: <br />The State of California shall be liable, to the extent allowed by law and subject to <br />California Government Code, Title 1, Division 3.6, providing for the filing of tort <br />claims against the State of California, for personal injuries or property damage <br />resulting from the negligent or wrongful act or omission of State of California <br />employees while acting within the scope of his or her employment, arising out of <br />this Agreement. <br />12. Nondiscrimination <br />The State of California prohibits discrimination in all its programs and activities on <br />the basis of race, color, national origin, age, disability, sex, marital status, <br />religion, sexual orientation, genetic information, political beliefs, reprisal, or <br />because all or part of an individual’s income is derived from any public <br />assistance program. GRANTEE shall not discriminate against any person on <br />any of these bases. <br />13. Conflict of Interest <br />GRANTEE or anyone acting on behalf of GRANTEE shall not have any <br />conflicting personal and/or financial interests in carrying out the duties of the <br />Agreement. <br />14. Incorporation <br />The grant guidelines and the Project Scope of Work, Project Budget Detail and <br />any subsequent amendments or modifications to the Project Scope of Work and