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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 formed as a resuft of this
<br />Agreement.
<br />To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
<br />harmless the Department, the stale of Washington, and the United States Government and their
<br />authorized agents and employees, from all claims, ac{ions, costs, damages or expenses of any nature
<br />whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subreiipients,
<br />assigns, agents, contractors, consultants, li@nsees, invitees, employees or any person whomsoever
<br />arising out of or in connection with any acts or activities authorized by this Agreement.
<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; including payment of any costs
<br />or attorneys' fees for any claims or action commenced thereon arising out of or in connection with 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) the Department, and (2) the Subrecipient, its agents, or employees, this
<br />indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subiecipient,
<br />or the Subrecipienfs agents or employees.
<br />lnsofar as the funding source, FEMA, is an agency of the Federalgovernment, the following shall apply:
<br />44 CFR 206.9 Non-liabilitv. The Federal government shall not be liable for any claim based upon the
<br />exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
<br />partgf a federal agency or an employee of the Federal govanment in carrying out the provisioris of the
<br />Stafford Act.
<br />A.14 LIMITATION OFAUTHORITY-AUTHORIZED SIGNATURE
<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 Authorized Signature representative and the
<br />Authorized Signature representalive of the Subrecipient or Alternate for the Subrecipient, formally
<br />designated in writing, shall have lhe express, implied, or apparent authority to alter, amend, modify, oi
<br />waive any clause or condition of this Agreement. Any alleration, amendmenl, modification, or waivirr 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 extensions in Articte
<br />A.3.
<br />Further, only the Authorized Signature representative or Alternate for the Subrecipienl 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 />A.15 LOSS ORISFDUCT|ON OF FUNplNc
<br />ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
<br />after the effective date of this Agreement and prior to normal comptetion or end date, the Oepartmerit
<br />may unilaterallyreduce the work plan and budget or unilaterally terminate all or part of the Agre6ment as
<br />a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Atternativety, the
<br />parties may renegotiate the terms of this Agreement under 'Amendments and Modifications' to c6mply
<br />with 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 by
<br />the Subrecipient.
<br />A.17 NONDISCRIMINATION
<br />During the performance of this agreement, the Subrecipient shall comply with all federal and stale
<br />nondiscriminalion statutes and regulations. These requirements include, but are not limited to:
<br />e, Nondiscriminalion in Employment: The Contractor shall not discriminate against any employee or
<br />applicant f9r employment because of race, color, sex, sexual orientation, retigion, nifionit oiigin,
<br />creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sehsory,
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