Michigan Stages Survival Grant Program – Page 7
10. Termination of Funding. In the event that the Michigan legislature or government fail to provide or terminates
the funding necessary for the MSF
to fund the Program grant to the Applicant, the MSF has no obligation to make any
disbursements to the Applicant.
11. Non-Discrimination and Unfair Labor Practices. In connection with this Application, the Applicant agrees not to
discriminate against any employee or applicant for employment, with respect to their hire, tenure, terms, conditions or
privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion,
national origin, ancestry, age, sex (including sexual orientation and gender identity or expression as defined in
Executive Directive 2019-09), height, weight, marital status, partisan considerations, physical or mental disability, or
genetic information (as defined in Executive Directive 2019-09) that is unrelated to the individual’s ability to perform
the duties of the particular job or position. The Applicant further agrees that every subcontract entered into for
performance of the project will contain a provision requiring nondiscrimination in employment binding upon each
subcontractor. This covenant is required, as applicable under the Elliot Larsen Civil Rights Act, 1976 PA 453, MCL
37.2101, et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., and is consistent
with Executive Directive 2019-09, and any breach thereof may be regarded as a material breach of this Agreement.
Under 1980 PA 278, MCL 423.321, et seq., the State shall not award a contract or subcontract to an employer whose
name appears in the current register of employers failing to correct an unfair labor practice compiled under MCL
423.322. The United States Labor Relations Board compiles this information. The Applicant shall not enter into a
contract with a subcontractor, manufacturer, or supplier whose name appears in this register. Under MCL 423.324,
Michigan may void any contract if, subsequent to the award of the contract, the name of the Applicant as an employer,
or the name of a subcontractor, manufacturer, or supplier of the Applicant appears in the register.
12. Indemnification and Hold Harmless. The MSF, the State of Michigan, the MEDC and its Executive Committee,
and all of respective directors, participants, officers, agents, employees or representatives of the foregoing
(collectively, the “Indemnified Persons”) shall not be liable to the Applicant for any reason. The Applicant shall forever
indemnify and hold the Indemnified Persons harmless against all claims asserted by or on behalf of any individual
person, firm or entity (other than an Indemnified Person), arising or resulting from, or in any way connected with this
Application, or any act or failure to act by the Applicant under this Application, including all liabilities, costs and
expenses, including reasonable counsel fees, incurred in any action or proceeding brought by reason of any such claim.
The Applicant shall also forever indemnify the Indemnified Persons from and against all costs and expenses, including
reasonable counsel fees lawfully incurred in enforcing any obligation of the Applicant under this Application.
Performance of the Applicant’s obligations contemplated under this Application is within the sole control of the
Applicant and its employees, agents and contractors, and an Indemnified Person shall have no liability in tort or
otherwise for any loss or damage caused by or related to the actions or failures to act, products and processes of the
Applicant, its employees, agents or contractors.
13. Access to Records/Proof of Eligible Expenses. For a period of seven (7) years after disbursement of the Program
grant funds to Applicant, to enable any representative of MIVPA, the State of Michigan Auditor General, the
Department of Technology, Management and Budget, any other department or agency of the State of Michigan, the
MSF, or the MEDC (collectively, “Permitted Representatives”) to monitor and ensure compliance with the terms of this
Application, the Program, or any rules, regulations or requirements thereunder, the Applicant shall comply with any
reasonable request of any Permitted Representatives and provide copies of all financial records and all other
information and data relevant to the terms of this Application or the Program, including receipts or other proof of the
Eligible Expenses incurred and paid by the Applicant, all as are acceptable to the MSF. In addition, the Applicant
permits any Permitted Representative to visit the Applicant and any other location where books and records of the
Applicant are normally kept, to remove, photograph, copy and inspect, any of the aforesaid records or information, all
as may be subject to the confidentiality provisions set forth below.
14. Conflict of Interest. The Applicant affirms that there exists no actual or potential conflict of interest between
the Applicant and its owners, officers, directors, managers, members, or employees and any of the Indemnified
Persons and the performance by the Applicant of its obligations under this Application. The Applicant further affirms
that neither the Applicant, nor its owners, officers, directors, managers, or members, or employees, have accepted,
shall accept, have offered, or shall offer, directly or indirectly, anything of value to influence the Indemnified Persons.