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GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS {1. RECAPTURE ln the event that the Grantee fails to perform this Grant ln accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserv€s the right to recapture funds in an amount to compensate COMMERCE for the noncompliance ln addition to any other remedles avaitable et law or in equily. Repayment by the Grantee of funds under this recaplure provision shall occur wilhin lhe time period specified by COMMERCE. ln the altemative, COMMERCE may recapture such funds from payments due under this Grantee. 1 2. 8_EgeB89_ ll tAlNrEN-AN*c*E The Grantee shall maintaln books, records, documents, data and other evidence relating to this Grant and performance of lhe services descrlbed herein, including but not limited to accounting procedures and prac'tices that sufficiently and properly reflect all direct and indirec.t costs of any nalure expended in lhe performance of this Grantea. The Grantee shall retain such records for a period of six (6) yoars following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be sud,Ject at all reasonable times to lnspeclion, review or audit by COMMERCE, personnel duly authodzed by COMMERCE, the Office of the State Ar.rditor, and federal and state officials so authorized by law, regulation or agreernent. lf any litigation, claim or audit is started before the expiration of lhe six (6) year period, the records shall be relained until all litigation, claims, or audit findings involving the recordl have been resolved. 13.9j_v!!fcs In the event funOing from state, federal, or other sources is withdrawn, reduced, or limited in any way after lhe effective date of this Grant and prior to normal completion, COMMERCE may suspenO or terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day nolice reguirement, ln lieu of terminatlon, the Grant may be amended to reflect the new fundin! limitations and conditions. 14. S"E-V,EFU|B|L|TJ Tho provisions of this Grant are intended to be severable. lf any term or provislon is lllegal or invalid for any reason whatsoever, such illegality or lnvalidity shall not affect the validity of lhe remainder of the Grant, I 5. SUBG nAN Tf I{ grsU-Bgo-xIBAgM g The Granlee may only subcontract work contemplated under this Grant lf il obtains lhe prlor writt€n approvalof COMMERCE. lf COMMERCE approves subconlracting, the Grantee shall maintain wriften procedures related to subcontracling, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writlng may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee ftom subcontrac{ing with a particula} person or entity; oi (c) require the Grantee to rescind or arnend a subcontract. Every subcontract shall bind the Subgrantee lo follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subgrantee falls to comply with any applicable term or condition of this Grant, The Gnanlee shall appropriately monltor lhe activities of the SubglanteB to assure fiscal conditions of this grant. ln no event shall the existence of a subconlract operate to release or reduce ihe liability of the Grantee to COMMERCE for any breach in lhe performance of the Grantee's duties. Every subcontract shall include a term that COMMERCE and the Strate of Washington are not liable for clalms or damages arislng from a Subgrantee's perlormance of the subcontract. State of Washlngton Deparlment of Comm€rce lnteragency Grant Agruemenl Page I