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<br />Kittitas County Page 7 Specialty Crop Block Grant Program
<br />K2871
<br />B. The Grantee will retain all books, records, documents, and other materials relevant to this Agreement for six
<br />years following the date of final payment. If additional litigation, claim or audit is started before the
<br />expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings
<br />involving the records have been resolved.
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<br />20. PUBLICITY AND ACKNOWLEDGEMENT
<br />Grantee shall acknowledge WSDA’s support through the Specialty Crop Block Grant Program whenever a project
<br />funded by this Agreement, in whole or in part, is publicized in any news media. Brochures and other types of
<br />promotional materials shall include the WSDA Specialty Crop Block Grant Program logo or a statement
<br />recognizing the funding source. (Example of funding source statement: “This project was funded by/or in part
<br />by WSDA’s Specialty Crop Block Grant Program”). The program logo can be found on the program’s webpage at
<br />www.agr.wa.gov/grants/scbgp.
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<br />21. RIGHTS IN DATA
<br />Unless otherwise provided, Grantee owns data that originates under this Agreement. Data includes, but not be
<br />limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer
<br />programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register,
<br />and the ability to transfer these rights. Under 2 CFR 200.448, USDA reserves a royalty-free, non-exclusive, and
<br />irrevocable license to reproduce, publish or otherwise use, and authorize others to use, for Federal Government
<br />purposes: the copyright in any work developed under this Agreement; and any rights of copyright to which the
<br />Grantee purchases ownership with these funds. WSDA reserves the same rights in data as is reserved by USDA.
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<br />22. INDEPENDENT CAPACITY OF GRANTEE
<br />The employees or agents of each party continue to be employees or agents of that party and shall not be
<br />considered for any purpose to be employees or agents of the other party.
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<br />23. ASSIGNMENT
<br />The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable
<br />by either party in whole or in part, without the express prior written consent of the other party, which consent
<br />shall not be unreasonably withheld.
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<br />24. TERMINATION OR SUSPENSION PRIOR TO GRANT END DATE
<br />A. For Convenience: Either party may terminate this Agreement upon 30 days prior written notice to the other
<br />party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
<br />incurred in accordance with the terms of the Agreement prior to the effective date of termination.
<br />B. For Cause: If either party determines that the other has failed to comply with the conditions of this
<br />Agreement in a timely manner, the aggrieved party will give the other party written notice of the need to
<br />take corrective action. If the failure to comply is not cured within 20 calendar days, the aggrieved party may
<br />terminate or suspend the Agreement by notice to the other party. The parties may agree to resolve the
<br />matter pursuant to the procedures in Section 24, Disputes.
<br />C. For Loss of Funding or Government Shutdown: If funding from any source is withdrawn, reduced, or limited
<br />in any way after the effective date of this Agreement and prior to normal completion, WSDA may terminate
<br />or suspend the Agreement without advance notice. In lieu of termination or suspension, the parties may
<br />amend the Agreement to reflect the new funding limitations and conditions. If temporary federal or state
<br />government shutdowns occur for any reason, WSDA may suspend this Agreement or delay payments due
<br />under it without advance notice.
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<br />25. DISPUTES
<br />Except as otherwise provided in this Agreement, when a dispute arises between the parties that cannot be
<br />resolved through discussion and negotiation, either party may initiate dispute resolution as follows: The parties
<br />will select a dispute resolution team consisting of a representative appointed by the WSDA, a representative
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