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obligation to indemnifv,defend,and hold harmless Kittitas County shall <br />not be eliminated or reduced by any actual or alleged concurrent negligence of Kittitas <br />County or its agents,agencies,employees and officials.Grantee waives its immunity <br />under Title 51 RCW to the extent it is required to indemnify,defend,and hold harmless <br />Kittitas County and its agents,officers,representatives,or employees. <br />•Kittitas County reserves t,e right.but not the obligation,to participate in the defense of <br />any claim,damages,losses or expenses and such participation shall not constitute a <br />waiver of Grantee's indemnity obligations under this Agreement. <br />•This Grant may be amended by mutual agreement of the parties.Such amendments shall <br />not be binding unless they are in writing and signed by personnel authorized to bind each <br />of the parties. <br />The parties intend that an independent contractor relationship will be created by this Grant. <br />The Grantee and its empbyees,volunteers,or agents performing under this Agreement <br />are not employees,volunteers,or agents of Kittitas County.The Grantee will not hold <br />itself out as or claim to be an officer,volunteer,or employee of Kittitas County by reason <br />hereof,nor will the Grantee make any claim of right,privilege or benefit which would <br />accrue to such officer,volunteer,or employee under law.Conduct and control of the work <br />will be solely with the Grantee. <br />If all of the above outlined requirements are not met in full,or if any inforrnation provided <br />on this application is found to be false or incorrect,the business,non-profit.or organization <br />will be deemed immediately in default and funds shall be returned to the County of Kittitas <br />within 30 days of written ratification of default.1 also agree that,if I accept the County of <br />Kittitas's ARPA Grant Program funding,I will be bound by the obligations and liabilities <br />described in this agreernent,and that the County of Kittitas shall have the right to enforce <br />those obligations and liabilities in any manner provided by law. <br />By signing below,the applicant represents,warrants,and certifies that the information <br />provided herein is true,correct,and complete.I also understand and agree ttiat this <br />agreement,combined with award of a County of Kittitas ARPA Grant,constitutes a binding <br />contract,and shall be deemed a valid original instrument if delivered electronically. <br />Print Recipient Name &Title <br />Authorized Signature:Date <br />Page 3 of 7