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e) I understand and agree that records related to the use of grant funds must be produced in <br />a reasonably prompt manner upon request from the County of Kittitas, the U.S. Treasury, <br />and the Comptroller General of the United States, and cooperate fully with any audit. <br />fi I understand and agree that if I receive funding from the County'of Kittitas's ARPA Grant <br />Program, and I do not spend all the funds by December 31, 2A24, or use the funds for <br />expenses other than the authorized purpose outlined in my application, I may be required <br />to return all or part of the awarded funds to the County of Kittitas. <br />g) I agree that in the event there is fraud or misrepresentation (if any) with respect to the <br />performance of this Grant Agreement, Kittitas County reserves the right to take <br />appropriate action, including but not limited to terminating or amending this Agreement, <br />and recapturing all or part of the funds disbursed under this Grant. <br />h) I agree to report in writing all known or suspected fraud or other loss of any funds provided <br />under this Grant Agreement immediately or as soon as practicable, to the Kittitas County <br />Auditor's Office. <br />i) I certify that I have the authority to legally bind the business, non-profit, or organization. <br />j) Grantee, to the extent permitted by law, shall indemnify, defend, and hold harmless the <br />County of Kittitas, U.S. Treasury, and the elected officers, employees, agents and/or <br />representatives of each said government entity, for any ARPA funds received from the <br />U.S. Treasury through the County of Kittitas, from and against any and all claims, <br />damages, losses and expenses, excepting any claims, damages, losses and expenses <br />caused by the sole negligence of County of Kittitas, U.S. Treasury, and/or the elected <br />officers, employees and/or agents of each said government entity. <br />k) To the fullest extent permitt€d by law, the Grantee shall indemnify, defend, and hold <br />harmless Kittitas County and its officials, agents, and employees and/or representatives, <br />from and against all claims for injuries or death arising out of or resulting from the <br />performance of this Grant Agreement, except any claims for injuries or deaths arising from <br />the sole negligence of Kittitas County and its officials, agents and employees and/or <br />representatives. "Claim' as used in this contract, means any financial loss, claim, suit, <br />action, damage, or expense, including but not limited to attorney's fees, attributable for <br />bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property <br />including loss of use resulting therefrom. <br />The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by <br />Grantee's agents, employees, representatives, or any subgrantee/subcontractor or its <br />employees. Grantee expressly agrees to indemnify, defend, and hold harmless Kittitas <br />County for any claim arising out of or incident to Grantee's or any <br />subgrantee's/subcontractor's performance or failure to perform the Grant. <br />Page 2 of 6