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<br /> <br />Hazard Mitigation Page 7 FEMA-DR-4393-0042 Orange County <br />Grant Agreement <br />forth in paragraph (11). The AGENCY/GRANTEE may terminate the <br />Agreement with a RECIPIENT/ SUBGRANTEE if reports are not received <br />within thirty (30) days after written notice by the AGENCY/ GRANTEE. <br />"Acceptable to the AGENCY/GRANTEE" means that the work product <br />was completed in accordance with generally accepted principles and is <br />consistent with the Budget and Scope of Work, Attachment A. <br /> <br />(d) Upon request by the AGENCY/GRANTEE, the RECIPIENT/ <br />SUBGRANTEE shall provide such additional program updates, <br />documentation or information as may be required by the <br />AGENCY/GRANTEE. <br /> <br />(9) MONITORING <br /> <br />The RECIPIENT/SUBGRANTEE shall constantly monitor its performance under <br />this Agreement to ensure that time schedules are being met, the Budget and Scope <br />of Work is being accomplished within specified time periods, and other <br />performance goals are being achieved. Such review shall be made for each <br />function, or activity set forth in Attachment A to this Agreement and incorporated <br />by reference herein. <br /> <br />(10) LIABILITY <br /> <br />(a) Nothing in this Agreement, express or implied, is intended to confer on any <br />other person any rights or remedies in or by reason of this Agreement. This <br />Agreement does not give any person or entity other than the parties hereto <br />any legal or equitable claim, right or remedy. This Agreement is intended <br />for the sole and exclusive benefit of the parties hereto. This Agreement is <br />not made for the benefit of any third person or persons. No third party may <br />enforce any part of this Agreement or shall have any rights hereunder. This <br />Agreement does not create, and shall not be construed as creating, any <br />rights enforceable by any person not a party to this Agreement. <br /> <br />(b) Except as otherwise provided in subparagraph (c) below, the RECIPIENT/ <br />SUBGRANTEE shall be solely responsible to parties with whom it shall <br />deal in carrying out the terms of this agreement, and shall save the <br />AGENCY/GRANTEE harmless against all claims of whatever nature by <br />third parties arising out of the performance of work under this agreement. <br />For purposes of this agreement, RECIPIENT/SUBGRANTEE agrees that it <br />is not an employee or agent of the AGENCY/GRANTEE, but is an <br />independent contractor. <br /> <br />(c) RECIPIENT/SUBGRANTEE who is a state agency or subdivision, agrees <br />to be fully responsible for its own negligent acts or omissions or tortious <br />acts. Nothing herein is intended to serve as a waiver of sovereign <br />DocuSign Envelope ID: 26D0940B-F66D-4866-9C70-60056804E991DocuSign Envelope ID: B94E5F6B-897F-4461-A479-96F4BF459906DocuSign Envelope ID: 72D7F019-9C12-4921-8125-FCF8032A7011