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GRANT AGREEMENT <br /> or coverage described herein. The Department's approval or failure to disapprove any <br /> policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to <br /> procure and maintain the insurance required herein, nor serve as a waiver of any rights the <br /> Department may have. <br /> e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, <br /> the utility shall be added along with the Department as an Additional Insured on the <br /> Commercial General Liability policy/ies procured above. <br /> 19. Miscellaneous: <br /> a. Environmental Regulations. The Agency will be solely responsible for compliance with all <br /> applicable environmental regulations and for any liability arising from non-compliance with <br /> these regulations, and will reimburse the Department for any loss incurred in connection <br /> therewith. <br /> b. Non-Admission of Liability. In no event shall the making by the Department of any payment <br /> to the Agency constitute or be construed as a waiver by the Department of any breach of <br /> covenant or any default which may then exist on the part of the Agency and the making of <br /> such payment by the Department,while any such breach or default shall exist, shall in no way <br /> impair or prejudice any right or remedy available to the Department with respect to such breach <br /> or default. <br /> c. Severability. If any provision of this Agreement is held invalid, the remainder of this <br /> Agreement shall not be affected. In such an instance, the remainder would then continue to <br /> conform to the terms and requirements of applicable law. <br /> d. Agency not an agent of Department. The Agency and the Department agree that the <br /> Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not <br /> agents of the Department as a result of this Agreement. <br /> e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has <br /> not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining <br /> an approval of its application for the financing hereunder. <br /> f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to <br /> observe or enforce compliance with any provision or perform any act or do any other thing in <br /> contravention of any applicable state law. If any of the provisions of the Agreement violate any <br /> applicable state law, the Agency will at once notify the Department in writing so that <br /> appropriate changes and modifications may be made by the Department and the Agency to <br /> the end that the Agency may proceed as soon as possible with the Project. <br /> g. Execution of Agreement. This Agreement may be executed in one or more counterparts, <br /> each of which shall be deemed an original, but all of which shall constitute the same <br /> Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf <br /> of a party will be legal and binding on such party. <br /> h. Federal Award Identification Number(FAIN). If the FAIN is not available prior to execution <br /> of the Agreement, the Department may unilaterally add the FAIN to the Agreement without <br /> approval of the Agency and without an amendment to the Agreement. If this occurs, an <br /> updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the <br /> Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). <br /> 70 <br />