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29.2 Penalty of Perjury. By its execution of this Agreement, Subrecipient certifies under penalty <br />of perjury under the laws of the state of Washington the truthfulness, completeness, and <br />accuracy of any statement or claim it has made, it makes, it may make, or causes to be <br />made that pertains to this Agreement. <br />29.3 Tax Compliance. Subrecipient has complied with the tax laws of this state and the <br />applicable tax laws of any political subdivision of this state. Subrecipient shall, throughout <br />the duration of this Agreement and any extensions, comply with all tax laws of this state <br />and all applicable tax laws of any political subdivision of this state. For the purposes of this <br />Section 29.3 — Tax Compliance, "tax laws" includes: (i) All tax laws of this state; (ii) Any <br />tax provisions imposed by a political subdivision of this state that applied to Subrecipient, <br />to Subrecipient's property, operations, receipts, or income, or to Subrecipient's <br />performance of or compensation for any work performed by Subrecipient; (iii) Any tax <br />provisions imposed by a political subdivision of this state that applied to Subrecipient, or to <br />goods, services, or property, whether tangible or intangible, provided by Subrecipient; and <br />(iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced <br />any of the foregoing tax laws or provisions. <br />Any failure to comply with the provisions of this Section 29 — Compliance With Law <br />constitutes a material breach of this Agreement. Any failure to comply with Subrecipient's <br />certifications shall constitute a material breach of this Agreement. Any failure to comply <br />shall entitle MLE to terminate this Agreement, to pursue and recover any and all damages <br />that arise from the breach and the termination of this Agreement, and to pursue any or all <br />of the remedies available under this Agreement, at law, or in equity, including but not limited <br />to: <br />29.3.1 Termination of this Agreement, in whole or in part, this is in addition to any remedies <br />available under Section 22 - Termination. <br />29.3.2 Offsetting against any amount owed to Subrecipient, and withholding of amounts <br />otherwise due and owing to Subrecipient, in an amount equal to State's setoff right, <br />without penalty; and <br />29.3.3 Initiation of an action or proceeding for damages, specific performance, declaratory or <br />injunctive relief. MLE may recover any and all damages suffered as the result of <br />Subrecipient's breach of this Agreement, including but not limited to direct, indirect, <br />incidental and consequential damages, costs of cure, and costs incurred in securing <br />replacement Services and applications. <br />The state of Washington may take any and all actions permitted by law relative to the <br />collection of taxes due to the state of Washington or a political subdivision, including (i) <br />garnishing the Subrecipient's compensation under this Agreement or (ii) exercising a right <br />of setoff against Subrecipient's compensation under this Agreement for any amounts that <br />may be due and unpaid to the state of Washington. <br />These remedies are cumulative to the extent the remedies are not inconsistent, and MLE <br />may pursue any remedy or remedies singly, collectively, successively, or in any order <br />whatsoever. <br />MLE 123-122 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 22 of 64 <br />