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Demonstration of Energy&Efficiency Developments(DEED)Grant Agreement <br /> Elk River Municipal Utilities(ERMU) <br /> CG-2036 ERMU Partners with City of Elk River and Local Businesses to Provide Fast EV <br /> Charging as Part of Green Step Cities Initiative <br /> have the right to terminate this DEED Grant Agreement without liability or in its discretion to deduct <br /> from the grant award,or otherwise recover,the full amount of such commission,percentage,brokerage, <br /> or contingent fee. f� <br /> 14.Indemnifications. It is understood that this DEED Grant Agreement is not a joint venture <br /> and that Grantee is not an agent of APPA. APPA assumes no liability with respect to accidents,bodily E� <br /> injury,illness,breach of contract,or any other damages or loss,or with respect to any claims arising out <br /> of any activities undertaken with the financial support of the APPA DEED Grant,whether with respect to <br /> persons or property of Grantee or third parties. Grantee shall indemnify(including court costs and <br /> attorneys'fees)APPA if APPA is made a party to any litigation,arbitration,mediation or negotiations for <br /> activities connected with this DEED Grant Agreement,unless APPA,its employees or agents are found to <br /> be grossly negligent or otherwise directly at fault. <br /> 15.Taxes. Except with respect to taxes which may be due as a result of income to APPA, <br /> Grantee and any subcontractor shall be responsible for payment of all taxes for which Grantee, <br /> subcontractor or APPA may be liable in connection with this Agreement,including any sales,use,or <br /> other tax owed for work products delivered or services performed by Grantee or a subcontractor in <br /> connection with this Agreement. Except as required by law,APPA shall not withhold federal,state or <br /> local income tax,or any other tax,from any payment to Grantee pursuant to this Agreement. <br /> Page 9of12 <br /> 71 <br />