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10.5 Subrecipient shall, at all times during the term of this Agreement, be qualified, <br />professionally competent, and duly licensed to perform its obligations under this <br />Agreement. The representations and warranties set forth in this Section 10- Representation <br />and Warranties are in addition to, and not in lieu of, any other representations or warranties <br />provided by Subrecipient. <br />SECTION 11: GOVERNING LAW AND CONSENT TO JURISDICTION <br />This Agreement shall be governed by and construed in accordance with the laws of the State of <br />Washington without regard to principles of conflicts of law. Any claim, action, suit or proceeding <br />(collectively "Claim") between MLE or any other agency or department of the State of Washington, <br />or both, and Subrecipient that arises from or relates to this Agreement shall be brought and <br />conducted solely and exclusively within the Superior Court for Thurston County, State of <br />Washington; provided, however, if a Claim MUST be brought in a federal forum, then it shall be <br />brought and conducted solely and exclusively within the United States District Court for the Western <br />District of Washington. In no event shall this Section 11— Governing Law and Consent to Jurisdiction <br />be construed as a waiver by the State of Washington of any form of defense or immunity, whether <br />sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the <br />Constitution of the United States or otherwise, to or from any Claim or from the jurisdiction of any <br />court. SUBRECIPIENT, BY EXECUTION OF THIS AGREEMENT, HEREBY CONSENTS TO THE <br />IN PERSONAM JURISDICTION OF SAID COURTS. <br />SECTION 12: EQUIPMENT: OWNERSHIP, MAINTENANCE, USEFUL LIFE & DISPOSAL <br />12.1 Ownership Of Equipment. Except as otherwise provided herein, Subrecipient shall retain <br />ownership of equipment purchased pursuant to the terms of the grant. Subrecipient may <br />not, during the term of the grant, transfer or convey its ownership interest in the equipment. <br />Subrecipient shall not at any time during the term of the grant convert any facility equipment <br />which was acquired pursuant to the grant to a use other than those for which the assistance <br />was originally approved. <br />Equipment purchased with Recreational Boating Safety Act funds shall be used only <br />for the purpose for which it was purchased and no other purpose, whether or not <br />the Subrecipient continues to be supported by Recreational Boating Safety Act <br />grant funds. <br />Observed/reported incidents of unauthorized use of MLE equipment shall be addressed by <br />the following: <br />1) Any observed/reported incident of unauthorized use of MLE funded vessels will be <br />followed-up by MLE communication with the Subrecipient. MLE may conduct site <br />visits or contact area boaters for supplemental information as necessary. <br />2) In those instances where the MLE determines that an unauthorized use of a MLE <br />funded vessel has occurred, the MLE will provide written notification to the operator <br />of its determination with a warning that continued misuse or abuse of MLE-funded <br />vessels and equipment may result in: <br />a) the removal of misused equipment from the facility; and/or <br />b) an assessment against the operator for reimbursement of the federal <br />contribution against the current market value of the vessel. <br />MLE 123-122 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 12 of 64 <br />