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05/05/2005 04:34 9197150684 DENR PURCHASE/SVGS PAGE 05 <br />CONTRACT NO. H05023 <br />18. The GRANTEE agrees that he shall be responsible for the proper <br />custody and care of any State owned property furnished for use in connection with the <br />performance of this contract and will reimburse the State for its loss or damage. <br />19. Ownership of equipment purchased under this contract rests with the <br />DEPARTMENT according to 40 CFR Section 31, or comparable regulations of the <br />sponsoring Agency. Such equipment may be retained by the GRANTEE for the time the <br />GRANTEE continues to provide services begun under this contract or with approval from <br />the DEPARTMENT be transferred to other DEPARTMENT contracts. <br />20. This contract represents the entirety of the agreemehts and covenants <br />between the DEPARTMENT ahd the GRANTEE with respect to the subject matter hereof <br />and accordingly cannot be amended or modified except by written instrument executed by <br />the parties hereto. <br />21. The GRANTEE shall hold and save the State, -its officers, agents, and <br />employees, harmless from liability of any kind, including all claims and losses, with the <br />exception of consequential damages, accruing or resulting to any other person, firm, or <br />corporation furnishing or supplying work, services, materials, or supplies in connectlon with <br />the performance of this contract, and from anyand all claims and losses accruing'or .. <br />resulting to any person, firm, or corporation that may be injured or damaged by the <br />GRANTEE in the pertormance of this contract and that are attributable to the negligence or` <br />intentionally tortuous acts of the GRANTEE provided that the GRANTEE is notified in writing <br />within 30 days that th'e State has knowledge of such claims. The GRANTEE represents and <br />warrants that it shall make no claim of any. kind or nature against the State's agents who are <br />involved in the delivery or processing of GRANTEE goods to the Stat®. The representat(on <br />and warranty in the preceding sentence shall survive the termination or expiration of this <br />contract. The foregoing shall not be construed as a waiver of governmental immunity by the <br />GRANTEE. <br />22. The DEPARTMENT and the' GRANTEE does not waive their <br />governmental immunity by entering into this contract and each fully retains all immunities <br />and defenses provided bylaw with respect to any action based on this contract. <br />23. The parties certify and warrant that no gratuities, kickbacks or <br />contingency foe(s) were paid in connection with this contract, nor were any fees, <br />commissions, gifts yr other considerations made contingent upon the award of this contract. <br />24. The GRANTEE certifies that it (a) has neither used nor will use any <br />appropriated funds for payments to lobbyist; (b) will disclose the name, address, payment <br />details, and purpose of any agreement with lobbyists whom GRANTEE or its subtler <br />contractor(s) yr subgrantee(s)' will pay with profits or non-appropriated funds on or after <br />December 22,,1989; and (c) will file quarterly updates about the use of fobbylsts if material <br />changes occur in their use. <br />25. The GRANTEE shall take affirmative action in complying with all <br />federal and state requirements concerning fair employment and employment of people with <br />disabilities, and concerning fhe treatment of all employees without regard to discrimination <br />by reason of race, color, religion, sex, national origin; or disability <br />4 of 5 <br />