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Exhibit B - 21 <br />In order to meet the Department of Housing and Urban Development National Objections, <br />property purchased or improved with CDBG funds must remain in the intended use for at least <br />five years. <br /> <br />XXVII. Compliance with City Ordinance <br /> <br />The Subrecipient must comply with all City ordinances. No variance may be applied for property <br />purchased or rehabilitated with funds provided through this Agreement. Subrecipients using <br />these funds to place people in housing will not refer or use units which are substandard or <br />illegally created. <br /> <br />XXVIII. Hold Harmless - Indemnification <br /> <br />All services to be rendered or performed under this Agreement will be performed or rendered <br />entirely at the Subrecipient’s own risk and the Subrecipient expressly agrees, to the maximum <br />extent allowed by law and in addition to any other obligation in this Agreement, to indemnify, <br />defend and hold harmless the City and all of its officers, agents, an employees, from any and all <br />liability, claims, suits, charges, judgements, loss or damage, including reasonable cost of defense <br />they may suffer as a result of claims, demands, actions, or damages to any and all persons or <br />property, costs or judgments against the City, its officers, agents and/or employees which result <br />from, arise out of, or are in any way connected with this Agreement or the services to be <br />performed by the Subrecipient under this Agreement or the subject matter called for in this <br />Agreement. This section shall survive the expiration or termination of this Agreement. <br /> <br />This section is specifically and expressly intended to constitute a waiver of Subrecipient's <br />immunity under Washington's Industrial Insurance Act, RCW Title 51, to the full extent necessary <br />to provide the City with a full and complete indemnity from claims made by Subrecipient and its <br />employees, to maximum extent allowed by law. THE SUBRECIPIENT AND CITY ACKNOWLEDGE <br />THAT THE INDEMNIFICATION PROVISIONS OF THIS SECTION WERE SPECIFICALLY NEGOTIATED <br />AND AGREED UPON BY THEM. <br /> <br />XXIX. Section Headings and Subheadings <br /> <br />The section headings and subheadings contained in this Agreement are included for <br />convenience only and shall not limit or otherwise affect the terms of this Agreement. <br /> <br />XXX. Waiver <br /> <br />The City’s failure to act with respect to a breach by the Subrecipient does not waive its right to <br />act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce <br />any right or provision shall not constitute a waiver of such right or provision. <br /> <br />XXXI. Entire Agreement <br />