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, <br /> provided, however, County shall notify Municipality in writing, and <br /> immediately upon receipt by County of any notice of claim asserted or to be <br /> asserted against County, arising out of any of the foregoing matters, and shall <br /> tender to Municipality the right to defend or control the defense of such claim, x. <br /> and shall fully cooperate with Municipality in attending hearings and trials, <br /> securing evidence, and obtaining the attendance of witnesses and in the conduct <br /> of any legal proceedings. <br /> 28. County and Municipality agree that should Municipality engage in <br /> any activity which leads to a finding by HUD that County make repayments of <br /> CDBG funds to HUD, the repayment will be made from the Municipality's <br /> allocation. <br /> 29. MUNICIPALITY agrees that it shall be the responsibility of <br /> MUNICIPALITY to ensure that all goods, services, and/or work procured • <br /> and/or performed under this AGREEMENT shall conform to and be performed <br /> in compliance with the Americans With Disabilities Act of 1990. <br /> In any contract between MUNICIPALITY and any firm, corporation, business <br /> or person providing services to MUNICIPALITY using funds emanating from <br /> this AGREEMENT or any supplemental agreement hereto, MUNICIPALITY <br /> agrees that such contracts shall obligate such firms, corporations, businesses or <br /> persons, in case of non-compliance, to replace the service and/or work <br /> fl <br /> performed in order to effect such compliance, or pay liquidated damages in the <br /> amount required to effect compliance. <br /> 15 • <br />