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authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
<br />whatsoever by reason of the acts or omissions of the Subrecipient, its subcontrictors, subreiipients,
<br />assigns, agents, contractors, consultants, licensees, invitees, employeei or any person whornsoevei
<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 the Department and the state of
<br />Washington and their authorized agents and employees in any litigation; including payment of any costs
<br />or attorneys'fees for any claims or action commenced thereon arising out of or in connection with acts
<br />or activities authorized by this Agreement.
<br />This 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 from
<br />the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
<br />indemnity provision shall be valid and enforceable only to the extent of the negligLnce of the Subrecipient,
<br />or the Subrecipient's agents or employees.
<br />lnsofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply:
<br />44 CFR 206.9 Non-liabilitv. The Federal government shall not be liable for any ctaim based upon the
<br />exercise or performance ol or the failure to exercise or perform a discretionary function or duty on the
<br />P?rl-of a federal agency or an employee of the Federal governmenl in carrying out the provisions of the
<br />Stafford Act.
<br />LIMITATION OF AUTHORITY - AUTHORIZED SIGNATURE
<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 representative and the
<br />Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
<br />designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
<br />waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiv6i of
<br />any clause or condition of this Agreement is not effective or binding unless made in writing and signed
<br />by both parties' Authorized Signalure representatives, except as provided for time extensions in niticle
<br />4.3.
<br />Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
<br />signature authority to sign reimbursement requests, time extension requests, amendment and
<br />modification requests, requests for changes to projects or work ptans, and other requests, cert6ications
<br />and documents authorized by or required under this Agreement,
<br />LO$S OR REpUCT|ON OF FUNptNG
<br />ln the.event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
<br />afier the effective date oJ this Agreement and prior to normal completion or end date, the Oepartment
<br />may unilaterally reduce th.e work plan and budget or unilaterally terminate all or part of the Agreiment as
<br />a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alteriratively, the
<br />parties may renegotiate the terms of this Agreement under "Amendments ahO Modifications" to comply
<br />with new funding limitations and conditions, although the Department has no obtigation to do so,
<br />NONAS.SIGNABILITY
<br />Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
<br />the Subrecipient.
<br />NollprscRrMlNAT|oN
<br />The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations,
<br />and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientationl religion,
<br />national origin, marital status, honorably discharged veteran or military status, or disability lpnyJical,mental, or sensory) be denied the benefits of, or othenrrrise be subjected to discrimination uiid6r any
<br />project, program, or activig, funded, in whole or in part, under this Agreement.
<br />NOTTCE.s
<br />The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
<br />state and federal laws and regulations and shall maintain a record of this compiiance.
<br />4.14
<br />A.15
<br />4.16
<br />4.17
<br />A.18
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