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A.13 LEGAL RELATTONS
<br />It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
<br />and gives no right to any other party. No joint venture or partnership is foimed as a resritt of this
<br />Agreement.
<br />To the extent allowed by law, the Subrecipient, its successors or assigns, will protec{, save and hotdharmless the Department, the state of Washington, and the Untedstates bovernment and theirauthorized agents and employees, from all claims, actions, costs, damages or expenses of any naturewhatsoever by reason of the acts or omissions of the Subrecipient, itslubcontrictors, subreiipients,assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomioever
<br />arising out of or in conneclion with any acts or activities authorized Uyinis Agreement.
<br />To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state ofWashington and their authorized agents and employeesln any litigation; including payment of any costs
<br />or attorneys' fees for any claims or action commenced thereon arising out of or in'connection wiih actsor activities authorized by this Agreement.
<br />This obligation shall not include such claims, costs, damages or expenses which may be caused by thesole negligence of the Department; provided, that if the cliims or damages are caused by or result from
<br />the concurrent.negligenoe of (1) the Department, and (2) the Subrecipient, its agents, oremployees, thisindemnity provision shall be valid and enforceable only to the extent of the negtig-ence 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 appty:
<br />41 CFR 206.9 lrlon-liabilitv. The Federal government shall not be liable for any claim based upon the
<br />exercise or performance ol or the failure to exercise or perform a discretionary func{ion or duty on the
<br />Par!9f a federal agency or an employee of the Federat government in carryingbut the provisions of the
<br />Stafford Act.
<br />4j4 qMlTarqN oF AUrHo
<br />The signatories to this Agreement represent that they have the authorig to bind their respective
<br />organizations.to this Agreement. Only the Department's Aulhorized Signature representative and theAuthorized 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, modiff, o?
<br />waive. any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
<br />any clause or condition of .qg Agreement is not effective or binding unless made in writing anO iigneO
<br />by both parties' Authorized Signature representatives, except as piovided for time extensi6ns in Article4.3.
<br />Further, only.lhe- Authorized Signalure representative or Alternate for the Subrecipient shall havesignature authority to sign reimbursement requests, time extension requests, amendment and
<br />modification requests, requests for changes to projects or work plans, and other requests, certifications
<br />and documents authorized by or required under lhis Agreement.
<br />A.15 LOSS-OR REDUCT|ON OF FUNplNc
<br />ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any wayafter the effective date of this Agreement and prior to normal completion or end date, lhe Department
<br />may unilaterally-reduce the work plan and budget or unilaterally terminate all or part of the Agreiment asa "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alter'nalvely, theparties may renegotiate the terms ofthis Agreement under "Amend-ments and Modifications" to complywith new funding limitations and conditions, although the Department has no obligation to do so,
<br />4.16 NONASSIGNABILITY
<br />Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned bythe Subrecipient.
<br />4.17 NONDISCRIMINATION
<br />The Subrecipient shall comply with allapplicable federal and state non-discrimination laws, regulations,
<br />and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientaiion] refigion,
<br />national origin, marital status, honorably_dischargad veteran or military status, or disability (phyjical,
<br />mental, or sensory) be denied the benefits ol oi otherwise be subjecled to discrimination unC6r anyproject, program, or activity, funded, in whole or in part, under this Agreement.
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