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request. The Department reserves the right to recover from the Subrecipient all disallowed costs
<br />resulting from the audit.
<br />After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
<br />send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
<br />later than nine (9) months after the end of the Subrecipient's fiscal year(s):
<br />Contracts Office
<br />Washington Military Department
<br />Finance Division, Building #1 TA -20
<br />Camp Murray, WA 98430-6032
<br />The Department retains the sole discretion to determine whether a valid claim for an exemption from the
<br />audit requirements of this provision has been established_
<br />Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material
<br />requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
<br />of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result
<br />in one or more of the following actions in the Department's sole discretion: a percentage of federal awards
<br />being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
<br />or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
<br />submitted, or termination of the federal award.
<br />A.29 SUBRECIPIENT NOT EMPLOYEE
<br />The parties intend that an independent contractor relationship will be created by this Agreement. The
<br />Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
<br />of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to
<br />be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make
<br />any claim, demand, or application to or for any right or privilege applicable to an officer or employee of
<br />the Department or of the state of Washington by reason of this Agreement, including, but not limited to,
<br />Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
<br />retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
<br />under Chapter 41.06 RCW.
<br />It is understood that if the Subrecipient is another state department, state agency, state university, state
<br />college, state community college, state board, or state commission, that the officers and employees are
<br />employed by the state of Washington in their own right and not by reason of this Agreement.
<br />A.30 TAXES, FEES AND LICENSES
<br />Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
<br />in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
<br />expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
<br />applicable to Agreement performance.
<br />A.31 TERMINATION FOR CONVENIENCE
<br />Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
<br />providing written notice of such termination to the Department Key Personnel identified in the Agreement,
<br />specifying the effective date thereof, at least thirty (30) days prior to such date.
<br />Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
<br />interests of the state of Washington, may terminate this Agreement in whole or in part by providing ten
<br />(10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon
<br />notice of termination for convenience, the Department reserves the right to suspend all or part of the
<br />Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations
<br />of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by
<br />law. The rights and remedies of the Department provided for in this section shall not be exclusive and
<br />are in addition to any other rights and remedies provided by law.
<br />A.32 TERMINATION OR SUSPENSION FOR CAUSE
<br />In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
<br />timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
<br />as to endanger performance hereunder, is in violation of any laws or regulations that render the
<br />Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
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