SH21-045 BOATING SAFETY 2022 (FFA GRANT) - partially executed

Home Browse Search

13.1 As used in this Section 13— Ownership of Work Product and elsewhere in this Agreement, the following terms have the meanings set forth below: 13.1.1 Project Ownership. MLE acknowledges and agrees that the Project is the exclusive property of the Subrecipient. MLE is neither responsible nor liable in any manner for the construction, operation or maintenance of the Project. 13.1.2 Special Survivorship Note: Ownership is not absolute. Regardless of agreement's expiration, anything tangible, intangible, or intellectual property that was purchased or created from federal funds or funded with federal funds maintains federal and state MLE entanglements, requirements, or conditions (conditional ownership), unless/until released by MLE or federal government in writing. While other conditions may apply, typically a release would occur upon the MLE or federal government being completely satisfied that the item in question has reached the end of its useful life which is usually a dollar value. Determination of value is solely at the discretion of the MLE or federal government. Should professional appraisal services be needed to determine value, these costs shall be borne by the Subrecipient. Selection of an appraisal services firm is subject to the written approval of the MLE or federal government. SECTION 14: NO DUPLICATE PAYMENT The Subrecipient shall not be compensated for, or receive any other form of duplicate, overlapping or multiple payments for the same work performed under this Agreement from any agency of the State of Washington, including, but not limited to the Washington State Parks Recreation Commission, or the United States of America or any other party. SECTION 15: CONTRIBUTION ON THIRD PARTY CLAIMS 15.1 If any third party makes any claim or brings any action, suit or proceeding alleging against a Party (the "Notified Party") with respect to which the other Party (the "Other Party") may have liability, the Notified Party shall promptly notify the Other Party in writing of the Third Party Claim and deliver to the Other Party, along with the written notice, a copy of the claim, process and all legal pleadings with respect to the Third Party Claim that have been received by the Notified Party. Each Party is entitled to participate in the defense of a Third - Party Claim, and to defend a Third -Party Claim with counsel of its own choosing. Receipt by the Other Party of the notice and copies required in this Section 15 — Contribution on Third Party Claims and a meaningful opportunity for the Other Party to participate in the investigation, defense and settlement of the Third -Party Claim with counsel of its own choosing are conditions precedent to the Other Party's contribution obligation under this Section 13 — Ownership of Work Product with respect to the Third -Party Claim. 15.2 With respect to a Third Party Claim for which MLE is jointly liable with Subrecipient (or would be if joined in the Third Party Claim ), MLE shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Subrecipient in such proportion as is appropriate to reflect the relative fault of MLE on the one hand and of Subrecipient on the other hand in connection with the events that resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of MLE on the one hand and of Subrecipient on the other hand shall be determined MLE 123-122 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 15 of 64