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34 <br />additional payments under this Agreement after the Termination Date. No fiu-ther <br />expenditures shall be made under this Agreement except for such work as shall have <br />already been performed prior to the Termination Date and the Grantee shall repay all <br />unspent grant funds upon the demand of the Commission together with any interest <br />accrued on those unspent funds. <br />C. The Commission's obligation to pay any amounts under this Agreement is contingent <br />upon the availability of funds to it to fund the Project. In the event that funds for this <br />Project become unavailable, the Commission may terminate this Agreement immediately <br />upon facsimile notice to the Grantee. In the event of notice of the unavailability of funds, <br />all obligations of the Commission to make payments under this Agreement shall cease as <br />of the notice of unavailability of funds except for such work as shall have already been <br />performed prior to such notice. <br />Section XII. Liabilities and Loss <br />A. The Commission assumes no liability with respect to accidents, bodily injury, illness <br />breach of contract or any other damages claims or losses arising out of any activities <br />undertaken by the Grantee under this Agreement, with respect to persons or property of <br />the Grantee or third parties. <br />B. The Grantee agrees to obtain insurance to protect it and others as it may deem desirable, <br />or, if it elects not to obtain such insurance, it certifies that it has adequate resources <br />available to it for this purpose. <br />C. The Grantee agrees to indemnify, defend and save harmless the Commission and its <br />officers, agents and employees against any liability, including costs and expenses and <br />attorneys fees for the Grantee's violation of any proprietary right or right of privacy <br />arising out of the publication, translation, reproduction, delivery, performance, use or <br />disposition of any information published resulting from the work of the Project or based <br />on any libelous or other unlawful mater contained in such information. <br />D. The Grantee also further agrees to indemnify, defend and save harmless the Commission <br />and its officers, agents and employees from any other person, firm or corporation <br />