Common use of AMERICAN RECOVERY AND REINVESTMENT ACT Clause in Contracts

AMERICAN RECOVERY AND REINVESTMENT ACT. In the event Customer is using American Recovery and Reinvestment Act (“ARRA”) funding, in whole or in part, to pay for the Assessment, Customer acknowledges and agrees that the supplies and services hereunder are being procured and purchased under state or local procurement laws and Chevron ES is a “vendor” or “contractor” hereunder. As such, Customer agrees that Chevron ES is not a recipient, grantee, awardee, subrecipient, subgrantee or subawardee of ARRA funds hereunder. In the event that the awarding agency or a court of proper jurisdiction determines that Chevron ES is a recipient, grantee, awardee, subrecipient, subgrantee or subawardee under the ARRA funded grant, rather than a “vendor” or “contractor,” Chevron ES reserves the right to terminate this Agreement at its discretion. Customer agrees to release, defend, indemnify, and hold Chevron ES harmless from and against any claims, costs, or damages arising out of or related to such a determination notwithstanding any other provisions in this Agreement.

AMERICAN RECOVERY AND REINVESTMENT ACT. In the event Customer City is using American Recovery and Reinvestment Act (“ARRA”) funding, in whole or in part, to pay for the Assessment, Customer City acknowledges and agrees that the supplies and services hereunder are being procured and purchased under state or local procurement laws and Chevron ES is a “vendor” or “contractor” hereunder. As such, Customer City agrees that Chevron ES is not a recipient, grantee, awardee, subrecipient, subgrantee or subawardee of ARRA funds hereunder. In the event that the awarding agency or a court of proper jurisdiction determines that Chevron ES is a recipient, grantee, awardee, subrecipient, subgrantee or subawardee under the ARRA funded grant, rather than a “vendor” or “contractor,” Chevron ES reserves the right to terminate this Agreement at its discretion. Customer City agrees to release, defend, indemnify, and hold Chevron ES harmless from and against any claims, costs, or damages arising out of or related to such a determination notwithstanding any other provisions in this Agreement.