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(5) Official Bond. The Executive Director is hereby required <br />to file an o~iciai bcmd in the amount of ~100,000.00. <br /> <br />III. LI.naIL!TY <br /> <br /> A. In the event that judgment is rendered against ACTEB or <br />ACTEB/ACAP by a court of competent jurisdiction or an administrative <br />tribunal which orders repayment from non-Federal sources of Federal <br />funds determined to have been misspent under JTPA, all means of fur- <br />ther legal recourse have been exhausted or the time limits thereon <br />have expired, and ACTEB and ACTEB/ACAP are unable to pay the judgment, <br />ehen the parties to ~is amended agreement shall pay such judgment in <br />proporation to t_heir ACTEB weighted vote,~rovided however that the <br />City of Berkeley shall not be held liable for anX activities other <br />than ~oD training related activities performed by ACTEB and the other <br />member governments agree to indemnify the City of Berkeley and no!d it <br />harm!ass from any such liaZllity._~H~wever, if a party is found to be <br />lndivicually liable on any contract which it held with AC~vB/A . <br /> __ CAP, bv a <br />court of competent jurisdiction or administrative tribunal and all <br />means of further legal recourse have been exhausted or the time limits <br />thereon have expired, then that member is individually liable and <br />responsible for payment of that debt unless it has been declared <br />bankrupt or is otherwise prohibited by law from paying such debt in <br />which case the remaining parties shall pay the debt, in accordance <br />with the formula in the first sentence of this paragraph. <br /> <br /> The signatories to this amended agreement are not liable for any <br />funds misspent under ~TA or CSBG. <br /> <br /> B. Neither ACTEB, ACA~D, nor ACT_~B/ACAP shall have the power or <br />authority to bind ~_he signatories to this amended agreement tm any <br />debt, liability, or obligation. In accordance with SectiOn 6508.1 <br />of the California Government Code, under no circumstances, except as <br />provided in the immedilately preceding paragraph, shall tlne debts, <br />liabilities, and oblf~aticns of ACTEB, ACA_D, or ACTEB/ACAP be the <br />dab=s, liabilities and obligations of the signatories to this agree- <br />men~.. However, nothing heroin shall preclude any cf the signatories <br />from undertaking any such debt, liability, or obligation of ACTEB, <br />ACA_D, cr ACT-~B/AC.A_D, in acccr~ance with and subject to such signa- <br />tory's respective charter, laws and regulations applicable tlnereto. <br /> <br /> C. If at anytime a cmurt of competent jurisdiction determines <br />that the State Of California Administrative Regulations, ACTEB/ACAP <br />grant conditions, or other applicable law, which requires signatory <br />entities to a consortlure established for the purpose cf <br />adminis~.ering funds distributed through the JTPA to accept liability <br />for misspen: Federal funds from non-Federal sources of funds, t~he <br />signetcries to this agreement shall not be liable for any funds <br />misspen~. under jTPA regardless cf ~e provisions of the preceding <br />sentences in this paragraph. <br /> <br /> D. ACTEB/ACA_D agees to hold her=less, indem_nify, and tc defend <br />the ACTI-~/ACA~ =e=jDers and t~heir officers, employees and agents from <br /> <br /> <br />