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ATTACHMENT18-C (11) 3.Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a.The lower tier contractor certifies,by signing this contract that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. b.Where the lower tier contractor is unable to certify to any of the statements in this contract,such contractor will attach an explanation to this contract. D.Copyright If this Agreement results in any copyrightable material or inventions,the Local Government and/or Commerce reserves the right to royalty-free,non-exclusive and irrevocable license to reproduce,publish or otherwise use and to authorize others to use,the work or materials for governmental purposes. E.Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j),such as worship,religious instruction,or proselytization. 11.SEVERABILITY If any provision of this Agreement is held invalid,the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 12.PERFORMANCE WAlVER The Local Government's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches.The failure of the Local Government to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13.ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals,whether electronic,oral,or written between the Local Government and the Subrecipient with respect to this Agreement. The attachments to this Agreement are identified as follows: EXHIBITA -Insurance Requirements EXHIBITB -CDBG-CV Interagency Grant Agreement between Commerce and the CDBG- CV grantee,Kittitas County,which includes the Scope of Work and Budget for the projects IN WITNESS WHEREOF,the Local Government and the Subrecipient have executed this Agreement as of the date and year last written below. Revised 1/25/2021ContractPage012Page11of14 Doc ID:7af681bb0ca653703df74fe4909e206e42be12f0