Pass Through Grant Agreement - Laserfiche WebLink

Home Browse Search

SI;lI< Ill' \\ J'hll1;!l"11 Del\IIII1lI"lI"j' Fmlo:;~ ,\grccllIclll No SPI'REG-!1l17-I',CoE:\I-Cmh .1 Pr,)j<l'l rille R«'ipl<nl NJl1le R<gll1llalllil >plll ilild IHIZ-IIW[ 111"1,1<111 rcSr,lIlSc Jnu resmlKe J~<llll:;nI'11I f(,Il,IJ, CUlll1t~ Sherin' mutually agrt!t!d upon in writing for commencement of work. or the time period de fined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the REC[PI ENT is contingent upon satisfactory performance by the REC[PIENT orall of its obligations under this Agreement. [n the event the REC[PIENT lInjustitiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds. terminate in who[1! or in part this Agreement, and exercise any other rights under this Agreement. Despite the "bove, the RECIP[ENT shall not be relieved of any liability to ECOLOGY for damages slistained by ECOLOGY and the State of Washington because or'any breach of this Agreement by the REC[PIENT. ECOLOGY may withhold payments for the purpose of setotT until slich time as the exact amount of damages due ECOLOGY from the REC[PIENT is determined. b) FOI' COllvenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best intel'est of ECOLOGY, with a thirty (30) calendar days prior written notitication to the RECIPIENT, except as noted below. If this Agreement is so tenninated, the parties shall be liable only tor performance rendered or costs incurred in accordance with the terms of this Agreement prior to the em:ctive date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding ti'olll state. federal or other sources is withdrawn, reduced, or limited in any way after the eftective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any orthese options with no notitication or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. Ifpayments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had bet::n paid to the RECIPIENT prior to slIch termination. RECIPIENT's obligation to continue 01' complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutunl Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Tenninatioll All tinished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIP[ENT under this Agreement, at Ihe option of ECOLOGY. will become property of ECOLOG Y and the RECIP[ ENT shall be entitled to receive just and equitable compensation tor any satisfactory work completed on sLich documents and other materials. Nothing contained herein shall preclude ECOLOGY ti'om demanding repayment of all funds paid to the RECIP[ENT in accordance with Recovery of Funds, identitled herein. 28. THIRD PARTY BENEFICIAR Y RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcuntracts with full rights as such . 29. WAIVER Waiver of a default or breach of any provision of this Agreement is 1I0t a waiver of any subsequent default or breach, and will not be construed a:> a lI1oditicatioll orlhe terms of this Agreement unless stated as such in writing by the VerS1Ll11 I013l1121J I j