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assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
<br />arising out of or in connection with any acts or activities authorized by this Agreement.
<br />To the extent allowed by law, the SUBRECIPIENT further agrees to defend and indemnify the
<br />DEPARTMENT and the state of Washington and their authorized agents and employees in any
<br />litigation; including payment of any costs or attorneys' fees for any claims or action commenced
<br />thereon arising out of or in connection with acts or activities authorized by this Agreement. This
<br />obligation shall not include such claims, costs, damages or expenses which may be caused by the
<br />sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result
<br />from the concurrent negligence of (1) the DEPARTMENT and the state of Washington and their agents
<br />or employees, and (2) the SUBRECIPIENT, its agents, or employees, this indemnity provision shall
<br />be valid and enforceable only to the extent of the negligence of the SUBRECIPIENT, or
<br />SUBRECIPIENT's agents or employees.
<br />lnsofar as the funding source, the Federal Emergency Management Agency (FEMA), is an agency of
<br />the federal government, the following shall apply:
<br />44 CFR 206.9 Nonliabilitv. The Federal Government shall not be liable for any claim based upon the
<br />exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
<br />part of a Federal agency or an employee of the Federal Government in carrying out the provisions of
<br />the Stafford Act.
<br />4.17 I ll\/llTATl.)Nt r\tr ar rrHnprrv - at tTt-.|7trn qtr:NtaTt tPtroRt
<br />The signatories to this Agreement represent that they have the authority to bind their respective
<br />organizations to this Agreement. Only the DEPARTMENT's Authorized Signature and the Authorized
<br />Signature of the assigned SUBRECIPIENTAgent orAlternate forthe SUBRECIPIENTAgent, formally
<br />designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify,
<br />or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or
<br />waiver of any clause or condition of this Agreement is not effective or binding unless made in writing
<br />and signed by both parties Authorized Signature representatives. Further, only these Authorized
<br />Signature representatives or Alternate for the SUBRECIPIENT shall have authority to sign
<br />reimbursement requests, certification of project completion, time extension requests, requests for
<br />changes to project status, and other requests, certifications and documents authorized by or required
<br />under this Agreement.
<br />A.18 OR
<br />ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
<br />after the effective date of this Agreement and prior to normal completion or end date, the
<br />DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate all or
<br />part of the Agreement as a "Termination for Cause" without providing the SUBRECIPIENT an
<br />opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under
<br />"Amendments and Modifications" to comply with new funding limitations and conditions, although the
<br />DEPARTMENT has no obligation to do so.
<br />NONASSIGNABILITY
<br />Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned
<br />by the SUBRECIPIENT.
<br />4.20 NONDISCRIMINATION
<br />The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws,
<br />regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual
<br />orientation, religion, national origin, marital status, honorably discharged veteran or military status, or
<br />disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to
<br />discrimination under any project, program, or activity, funded, in whole or in part, under this
<br />Agreement.
<br />A.19
<br />FFY18 Fire Management Assistance Grant Agreement Page 13 of 22 Kittitas, County of, D19-1004
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