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A.13 LEGAL RELATIONS
<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 resrj[ of this
<br />Agreement.
<br />To the extent allowed by law, lhe Subrecipient, its successors or assigns, will protect, save and hold
<br />harmless the Department, the state of Washington, and the United States Government and their
<br />authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
<br />whatsoever by reason of the acts or omissions of the Subrecipient, itsiubcontractors, subreiipients,
<br />assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
<br />arising out of or in connection wilh any acts or activities authorized Uy inis Agreernent.
<br />To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
<br />Washington and their authorized agents and employees in any litigation; induding payment of any costs
<br />or attorneys' fees for any claims or action commenced thereon arising out of or in'connection wiih acts
<br />or activities authorized by this Agreement.
<br />This obligation shall not include such claims, costs, damages or expenses which may be caused by the
<br />sole negligence of the Department; provided, that if the claims or damages are caused by or resultirom
<br />the concurrent.negligence of (1) lhe Department, and (2) the Subrecipient, its agents, or employees, this
<br />indemnity provision shall be valid and enforceable only to the extent of the negligbnce of lhe Subiecipient,
<br />or the Subrecipient's agents or employees.
<br />lnsofar as the funding sour@, FEMA is an agency of the Federal government, the following shall apply:
<br />44 CtR 209.9 Noniiabilitv. 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 function or duty on thepart of a federal agency or an employee of the Federal government in carrying out the provisioris of the
<br />Stafford Act.
<br />4.14 LtM|TAT|ON OFAUTH9RTTY-AUTHORTZED qFNATURE
<br />The signatories to this Agreement represent that they hive the authority to bind their respective
<br />organizations to this Agreement. Only the Department's Authorized Signature representative dnd the
<br />Authorized 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, amind, modifu, o?
<br />waive any clause or condition of this Agreement. Any alteration, amendmeht, modification, or waiver of
<br />any clause or condition of this Agreement is not effective or binding unless made in writing and signed
<br />by_both parties'Authorized Signature representatives, except as provided for time extensi6ns in Article
<br />4.3.
<br />Further, only.the Authorized Signature representative or Alternate for the Subrecipient shall have
<br />signature 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 this Agreement.
<br />4.15 LOSS OR REDUCTION OF FUNDING
<br />ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
<br />after the effective {ate 9J this Agreement and prior to normal completion or end date, the Department
<br />may unilaterally_reduce the work plan and budget or unilaterally terminate all or part of the Agreiment as
<br />a *Termination for Cause" without providing the Subrecipient an opportunity to cure. Alter-natively, the
<br />parties may renegotiate the terms of _this Agreement under'Amendments and Modifications'to comply
<br />with new funding limitations and conditions, although the Department has no obligation to do so.
<br />A.16 NONASStcNABIL|TY
<br />Neither this Agreament, nor any claim arising under this Agreement, shall be transfened or assigned by
<br />the Subrecipient.
<br />4.17 NONDISCRIMINATION
<br />During the performance of this agreement, the Subrecipient shall comply with all federal and state
<br />nondiscrimination statutes and regulations, These requirements include, but are not limited to:
<br />a. Nondiscrimination in Employment The Contractor shall not discriminate against any employee or
<br />applicant for gmployment because of race, color, sex, sexual orientation, religion, nitionit origin,
<br />creed, marital status, age, Metnam era or disabled veterans status, or the pr-sence of any seisory,
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