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D. Hold Harmless <br />The Subrecipient will hold harmless, defend and indemnify the Local Government from any and all <br />claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's <br />performance or nonperformance of the services or subject matter called for in this Agreement. <br />E. Workers' Compensation <br />The Subrecipient will provide Workers' Compensation Insurance Coverage for all of its employees <br />involved in the performance of this Agreement. <br />F. Insurance and Bonding <br />The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to <br />theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond <br />covering all employees in an amount equal to cash advances from the Local Government. <br />[The Local Government should insert the required insurance requirements needed from the <br />Subrecipient.] <br />The Subrecipient shall furnish the Local Government with properly executed certificate of insurance <br />or a signed policy endorsement which shall clearly evidence all insurance required in this section prior <br />to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. <br />The certificate will provide that the underlying insurance contract will not be cancelled or allowed to <br />expire except on thirty (30) days prior written notice to the Local Government. <br />G. Funding Source Recognition <br />The Subrecipient will insure recognition of the roles of Commerce, the WA State CDBG program, and <br />the Local Government in providing services through this Agreement. All activities, facilities and items <br />utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition, the <br />Subrecipient will include a reference to the support provided herein in all publications made possible <br />with funds made available under this Agreement. <br />H. Amendments <br />The Local Government or Subrecipient may amend this Agreement at any time provided that such <br />amendments make specific reference to this Agreement, and are executed in writing, signed by a duly <br />authorized representative of each organization, and approved by the Local Government's governing <br />body. Such amendments will not invalidate this Agreement, nor relieve or release the Local <br />Government or Subrecipient from its obligations under this Agreement. <br />Suspension or Termination <br />In accordance with 2 CFR 200.338-9, the Local Government may suspend or terminate this Agreement <br />if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are <br />not limited to) the following: <br />1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such <br />statues, regulations, executive orders, and HUD guidelines, policies or directives as may become <br />applicable at any time; <br />2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations <br />under this Agreement. <br />3. Ineffective of improper use of funds provided under this Agreement; or <br />4. Submission by the Subrecipient to the Local Government of reports that are incorrect or <br />incomplete in any material respect. <br />In accordance with 2 CFR 200.339, this Agreement may also be terminated by either the Local <br />Government or the Subrecipient, in whole or in part, by setting forth the reasons for such <br />62 <br />