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such report by the appointed deadline may result in forfeiture of the grant and a return of funds to
<br /> KaBOOM!.
<br /> a) Grantee must sign this LOA and return the signed, original hard copy to KaBOOM! by
<br /> September 12, 2012.
<br /> b) Grantee must participate in an introductory cali with the Grants Manager.
<br /> c) Grantee must participate in oniine trainings and other regularly scheduled check-in
<br /> conference calls, and be responsive to outreach efforts by the Grants Manager.
<br /> d) Grantee must submit a written satisfactory progress report to KaBOOM! six months into
<br /> the grant period and a Joint Use Grant Final Report within 30 days of the implementation
<br /> of the joint use agreement and no later than 13 months following the Joint Use Grant
<br /> award date.
<br /> e) Grantee must follow the proposed project timeline submitted in the grant application.
<br /> Partner Recognition
<br /> 9. Grantee must use preapproved media release templates.All other materials that reference
<br /> KaBOOM!, LeYs Play, or Dr Pepper Snapple Group, such as newsletters, advertisements,
<br /> signage,web stories, or other promotional items, must be reviewed and approved by KaBOOM!
<br /> prior to distribution.
<br /> 10. If requested, Grantee agrees to collaborate with a representative from the Dr Pepper Snapple
<br /> Group to plan and host a grant award presentation during the year of the grant award.
<br /> Certification Requirements �r�1 , O��!- �
<br /> 7�•�
<br /> 11. Grantee warrants that the ' currently has, and will maintain for the life of
<br /> the playgrounds, Commercial and General Liability insurance providing coverage against liability
<br /> for bodily injury, death and property damage which may rise out of or be based upon the use of
<br /> the playground; and Worker's Compensation insurance policies, in amounts not less than one
<br /> million dollars($1,000,000.00). KaBOOM! and Dr Pepper Snapple Group are to be added to the
<br /> insurance as additional insureds.
<br /> Indemnification
<br /> 12. By accepting the Grant, the Grantee acknowledges that neither KaBOOM!, nor Dr Pepper
<br /> Snapple Group, nor their respective subsidiaries and affiliates, and their officers, directors,
<br /> employees or agents shall be liable for any acts, omissions, injuries, errors or damages,whether
<br /> direct, indirect, incidental or consequential, associated with the use of the grant funds or the
<br /> grant-sponsored project.The Grantee irrevocably and unconditionally agrees,to the fullest extent
<br /> permitted by law, to detend, indemnify, and hold harmless KaBOOM!, Dr Pepper Snapple Group
<br /> and iis subsidiaries,and their respective officers, airectors, employees and agents,from and
<br /> against any and all claims, liabilities, losses, damages(including incidental, consequential,
<br /> special and punitive damages) and expenses(including reasonable attorneys'fees)directly,
<br /> indirectly,wholly, or partially arising from or in connection with any act or omission of the Grantee,
<br /> its employees, or agents, in applying for or accepting the Grant, in expending or applying funds
<br /> furnished pursuant to the Grant or in carrying out the Grant sponsored project,except to the
<br /> extent that such claims, liabilities, losses, damages or expenses arise from or in connection with
<br /> any willful misconduct of KaBOOM!, Dr Pepper Snapple Group,their respective subsidiaries and
<br /> affiliates, and their respective officers, directors, employees or agents.
<br /> General
<br /> 13. KaBOM! has the sole right, at its discretion,to waive or postpone any deadline or requirement
<br /> stipulated in this Letter of Agreement.
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