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withdrawal, the DEPARTMENT shall calculate a final repayment schedule of the outstanding balance in <br />accordance with Section V I I I of this agreement. <br />X. DISQUALIFICATION AS COOPERATING LENDER <br />A. The DEPARTMENT may disqualify the LENDER for submitting additional disbursement requests under <br />this agreement if the LENDER fails to comply with Minn. Stat. § 17.117 or this agreement. In addition, the <br />DEPARTMENT may require the immediate repayment of any funds held by the LENDER in the principal <br />account and the repayment of the outstanding balance in accordance with the requirements of this agreement. <br />The DEPARTMENT shall calculate a revised repayment schedule of the outstanding balance in accordance with <br />Section VIII of this agreement. <br />B. The LENDER shall pay the DEPARTMENT, on demand, the reasonable fees and expenses including <br />attorney's fees (including without limitation the reasonably allocated costs of legal staff) incurred by the <br />DEPARTMENT in the collection of payments or any other sums due hereunderfrom the LENDER or in the <br />enforcement of performance or observance of any obligation by the LENDER of this agreement. <br />XI. LIABILITY OF THE DEPARTMENT <br />A. It is expressly understood and agreed that the DEPARTMENTwill be under no liability of any kind or <br />character whatsoever for payment of costs in connection with the proposed projects orfor the carrying out of <br />contracts entered into by the LENDER with third parties. All costs arising as a result of any act by the LENDER <br />shall be paid by the LENDER, and the LENDER shall indemnify, save, hold harmless and defend the <br />DEPARTMENT from any such actions, suits, liens, or claims whatsoever in connection with the projects to be <br />performed under this agreement. <br />B. The LENDER agrees to indemnify and save and hold the DEPARTMENT and the State, its agents and <br />employees, harmless from any and all claims or causes of action arising from a violation of any provision of <br />Minn. Stat. § 13.01-13.99 by the LENDER. <br />C. The LEND ER ag rees to exert all reasonable efforts to investigate claims that it may have against third <br />parties with respect to the construction of projects and, in appropriate circumstances, take whatever action, <br />including legal action that it reasonably determines to be appropriate. <br />XII. AFFIRMATIVE ACTION, WORKER'S COMPENSATION, DATA PRIVACY <br />A. The LENDER, if not otherwise exempted, shall have received a certificate of compliance from the <br />Commissioner of Human Rights pursuant to Minn. Stat. § 363A.36. The parties agree that Minn. Stat. § <br />363A.36 is incorporated into this agreement by reference. <br />B. The LENDER shall complywith the workers' compensation insurance coverage requirement of Minn. <br />Stat. §176.181, <br />SPECIAL ASSESSMENT <br />B. The DEPARTMENT'S commitment to disburse funds under this Agreement is specifically conditioned on <br />the DEPARTMENTfirst receiving from the LOCAL LENDER evidence that: <br />1. The LOCAL LENDER will secured the debt in this Agreement by directing that a special <br />assessment be assessed to all properties receiving benefit from a loan issued under this program <br />f rom the LOCAL LENDER and that the revenues from the special assessment be credited toward <br />repayment of funds disbursed under this agreement. <br />2. The LOCAL LENDER has established policies to issue and certify the special assessment in <br />accordance with applicable state and local regulations and statute. <br />C. .2. <br />D. The DEPARTMENTand the LENDER agree to comply with the Minnesota Government Data Practices <br />Act as it applies to all data created, gathered, generated or acquired in accordance with Minn. Stat. § 17.117 or <br />this agreement. <br />XIII. CIVIL RIGHTS AND MINORITY BUSINESS ENTERPRISES/WOMEN BUSINESS <br />ENTERPRISES <br />A. Neither the LENDER nor those with whom BORROWERS contract for all or part of the work to be <br />performed underthis agreement shall, because of age, sexual orientation, political affiliation, race, color, creed, <br />religion, national origin, sex, marital status, status with regard to public assistance or disability, discriminate <br />against any person with respect to hire, tenure, compensation, terms of employment, upgrading of employment, <br />Minnesota AgBMP Loan Program <br />