West Orange Fourth Round HEFSP_adopted 111025_Appendices

A. The Owner acknowledges and agrees that (i) the Agency has not heretofore and does not make any warranty or representation, either express or implied, as to the value, condition, or fitness for particular purposes of the Project or any portions thereof or any other warranty or representation with respect thereto; (ii) in no event shall the Agency or its agents or employees be liable or responsible for any incidental, indirect, special or consequential damages in connection with or arising out of this Agreement or any of the other Loan Documents or the development of the Project or the existence, functioning or use of the Project or any items or services provided for in this Agreement or the other Loan Documents; and (iii) during the term of this Agreement and the other Loan Documents and to the fullest extent permitted by law, the Owner shall indemnify, defend and hold the Agency harmless against, damage, claims, judgments or expen: y and all kinds or nature and however arising, imposed by law, which the Ow the Agency including reasonable attorneys’ fees and costs, may sustain, be subj i be caused to incur by reason of any claim, suit or action based upon personal nt. or damage to property, whether real, personal or mixed, or upon or arising g&t of ¢ ict entered into by the Owner, or arising out of the Owner's ownership of the,Project or out of the construction, rehabilitation, operation or management of the Project? B. It is mutually agreed by the Owner and gency that the Agency and its directors, officers, agents, servants and employees sftal}'aot be liable for any action performed under this Agreement, and that the Owner whatever nature. cy shall be subject to the New Jersey Contractual While this statute may not be applicable by its C. Any claims asserted agains! Liability Act, N.LS.A. 5' terms to claims arising acts with the Agency, the Owner agrees that it shall be applicable to any clai under the Loan Documents. It is acknowledged by the parties that the Agenc blic entity covered by the provisions of the New Jersey Tort Claims Act, N.J. This Agreement shall be duly recorded in the Office of the Clerk for is located within ten (10) days following its execution. Section 43. Ri the county in whic Section erning Law. This Agreement shall be governed by the laws of the State of New Jersey. The parties agree that any cause of action that may arise

ts execution. Section 43. Ri the county in whic Section erning Law. This Agreement shall be governed by the laws of the State of New Jersey. The parties agree that any cause of action that may arise under this Agreement or the Loan Documents shall have jurisdiction and venue only in the Courts of the State of New Jersey in and for the County of Mercer. Section 45. Equal Opportunity and Non-Discrimination. The Owner covenants and agrees that it will comply with the Agency guidelines with respect to equal opportunity and non- discrimination in its purchase of goods and services for the operation and maintenance of the Project throughout the term of this Agreement. 21