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I understand and agree that records related to the use of grant funds must be <br />produced promptly upon request from the County of Kittitas, the U.S. Treasury, and <br />the Comptroller General of the United States, and other, and agree to submit to <br />audit. <br />I understand and agree that if I receive funding from the County of Kittitas's ARPA <br />Grant Program, and I do not use all the funds by the December 31,2024 or use the <br />funds for expenses other than the authorized purpose outlined in my application, I <br />will be required to return the awarded funds to the County of Kittitas. <br />I agree that if there is fraud or misrepresentation with respect to the performance <br />of this Grant Agreement, Kittitas County reserves the right to terminate or amend <br />this Agreement accordingly, including the right to recapture all funds disbursed <br />under this Grant. <br />I agree to report in writing all known or suspected fraud or other loss of any funds <br />provided under this Grant agreement immediately or as soon as practicable, to the <br />Kittitas Cou nty Auditor's Office. <br />I certifu that I have the authority to legally bind the business, non-profit, or <br />organization. <br />I agree to indemnify, defend, and hold harmless the County of Kittitas, U.S. Treasury, <br />and the elected officers, employees, agents and/or representatives of each said <br />government entity, for any ARPA funds received from the U.S. Treasury through the <br />County of Kittitas, from and against any and all claims, damages, losses and <br />expenses <br />To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold <br />harmless Kittitas County and its officials, agents and employees and/or <br />representatives, from and against all claims for injuries or death arising out of or <br />resulting from the performance of this Grant Agreement. "Claim" as used in this <br />contract, means anyfinancial loss, claim, suit, action, damage, or expense, including <br />but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or <br />death, or injury to or the destruction of tangible property including loss of use <br />resulting therefrom. <br />The Grantee's obligation to indemnify, defend, and hold harmless includes any claim <br />by Grantee's agents, employees, representatives, or any subgrantee/subcontractor <br />or its employees. Grantee expressly agrees to indemniff, defend, and hold <br />harmless Kittitas County for any claim arising out of or incident to Grantee's or any <br />subgrantee's/subcontractor's performance or failure to perform the Grant. <br />Grantee's obligation to indemnifu, defend, and hold harmless Kittitas County shall <br />not be eliminated or reduced by any actual or alleged concurrent negligence of <br />Kittitas County or its agents, agencies, employees and officials. Grantee waives its <br />Page 2 of 7