RES 84123 - Laserfiche WebLink

have expired, and ACTEB and ACTEB/ACAP are unable to pay the judg- ment, then the parties to this amended agreement shall pay such judgment in proportion to their ACTEB weighted vote. However, if a party is found to be individually liable on any contract which it held with ACTEB/ACAP, by a court of competent jurisdiction or admin- istrative tribunal and all means of further legal recourse have been exhausted or the time limits thereon have expired, then that member is individually liable and responsible for payment of that debt unless it has been declared bankrupt or is otherwise prohibited by law from paying such debt in which case the remaining parties shall pay the debt, in accordance with the formula in the first sentence of this paragraph. The signatories to this amended agreement are not liable for any funds misspent under CETA or CSBG. B. Neither ACTEB, ACAP, nor ACTEB/ACAP shall have the power or authority to bind the signatories to this amended agreement to any debt, liability, or obligation. In accordance with Section 6508.1 of the California Government Code, under no circumstances, except as provided in the immediately preceding paragraph, shall the debts, liabilities, and obligations of ACTEB, ACAP, or ACTEB/ACAP be the debts, liabilities and obligations of the signatories to this agree- ment. However, nothing herein shall preclude any of the signatories from undertaking any such debt, liability, or obligation of ACTEB, ACAP, or ACTEB/ACAP, in accordance with and subject to such signa- tory's respective charter, laws and regulations applicable thereto. C. If at anytime a court of competent jurisdiction determines invalid or unenforceable the State of California Administrative Reg- ulations, ACTEB/ACAP grant conditions, or other applicable laws, that require signatory entities to a consortlure established for the purpose of administering funds distributed through the JTPA to accept liability for misspent Federal funds from non-Federal sources of funds, the signatories to this agreement shall not be liable for any funds misspent under JTPA. D. ACTEB/ACAP agrees to hold harmless, indemnify, and to defend the ACTEB/ACAP members and their officers, employees and agents from any and all claims for injury or damage of whatever type brought by or on behalf of any third party, including, but not limited to, ACTEB/ACAP's officers, employees, and agents, arising from or con- nected with any acts or omissions in the performance of this amended agreement by ACTEB/ACAP except from any such claim arising solely out of acts or omissions attributable to the ACTEB/ACAP member or its officers, employees, or agents. IV. FISCAL CONTROL A. Depository; Controller. Pursuant to Section 6505.5 of the California Government Code, the Auditor/Controller and the Treasurer -12-