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In the event that the COUNTY fails to expend funds under this contract in accordance with <br />state laws and/or the provisions of this contract, the COMMISSION reserves the right to <br />recapture state funds in an amount equivalent to the extent of the noncompliance in addition <br />to any other remedies available at law or in equity. <br />Such rights of recapture shall exist for a period of two years following contract termination. <br />Repayment by the COUNTY of funds under this recapture provision shall occur within 30 <br />days of demand. In the event that the COMMISSION elects to institute legal proceedings to <br />enforce the recapture provision, the prevailing party in any litigation for "recapture" shall be <br />entitled to reasonable attorney fees. <br />VII. INELIGIBILITY <br />The COUNTY certifies that neither it nor its principals are presently debarred, declared <br />ineligible, or voluntarily excluded from participation in transactions by any federal <br />department or state agency. <br />Vill. INDEPENDENT RELATIONSHIP <br />The COUNTY or COUNTY's Agent(s) performing under this contract are not employees or <br />agents of the COMMISSION. The COUNTY shall not hold themselves out as nor claim to be <br />an officer or employee of the COMMISSION or of the State of Washington by reason hereof, <br />nor will the COUNTY make any claim of right, privilege or benefit which would accrue to such <br />employee under law. Conduct and control of the work outlined in the scope of work shall be <br />solely with the COUNTY. <br />IX. KICKBACKS <br />The COUNTY and its employees and authorized representatives are prohibited from inducing <br />by any means any person employed or otherwise involved in this project to give up any part <br />of the compensation to which he/she is otherwise entitled or, receive any fee, commission or <br />gift in return for award of a subcontract hereunder. <br />X. INTELLECTUAL PROPERTY <br />Copyrights and Patents. Should the COUNTY or COUNTY's Agent(s) create any <br />copyrightable materials or invent any patentable property in the course of the scope of work <br />governed by this agreement, the COUNTY may copyright or patent the same but shall grant <br />the COMMISSION a royalty -free, nonexclusive and irrevocable license to reproduce, publish, <br />recover or otherwise use the material(s) or property and to authorize others to use the same <br />for federal, state or local government purposes. Where federal funding is involved, the <br />VSP 2023-25 Biennium Contract Between the WSCC and County - Page 12 of 21 <br />