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DocuSign Envelope lD: D7339268-F986-48F4-A980-B9283E73AFEB
<br />receiver, custodian, trustee, or liquidator of itself or all of its property, (b) admits in writing its
<br />inability, or is generally unable, to pay its debts as they become due, (c) makes a general
<br />assignment for the benefit of its creditors, (d) is adjudicated a bankrupt or insolvent, (e)
<br />commences a voluntary case under the Federal Bankruptry Code (as now or hereafter in effect),
<br />{f) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvenry,
<br />reorganization, winding-up, or composition or adjustment of debts, {g) fails to controvert in a
<br />timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an
<br />involuntary case under the Bankruptry Code, or (h) takes any action for the purpose of effecting
<br />any of the foregoing; or
<br />16.4 A proceeding or case is commenced, without the application or consent of Subrecipient, in any
<br />court of competent jurisdiction, seeking (a) the liquidation, dissolution or winding-up, or the
<br />composition or readjustment of debts of Subrecipient, (b) the appointment of a trustee, receiver,
<br />custodian, liquidator, or the like of Subrecipient or of all or any substantial part of its assets, or (c)
<br />similar relief in respect to Subrecipient under any law relating to bankruptcy, insolvency,
<br />reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case
<br />continues undismissed, or an order, judgment, or decree approving or ordering any of the
<br />foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days,
<br />or an order for relief against Subrecipient is entered in an involuntary case under the Federal
<br />Bankruptcy Code (as now or hereafter in effect).
<br />SECTIONlT: INDEMNIFICATION
<br />Subrecipient shall hold harmless, save harmless, indemnify, and defend at the Subrecipient's expense
<br />the State of Washington, Commission, it officers, employees, successors and assigns against any and
<br />all damages and/or losses arising out of Subrecipient's use of, or presence or activity in, the facilities,
<br />including those arising out of the use or operation of equipment or facilities or as a result of the
<br />conduct of Subrecipient's programs, or from the conduct of Subrecipient's employees or agents, or
<br />damages orvandalism to facilities by third-parties, contracted or participating in Subrecipient's
<br />programs, events or activities.
<br />SECIION 18: UABILITY INSURANCE
<br />18.1 LIABILIW INSUMNCE-lf required in the specialterms and conditions subrecipient shall obtain
<br />and keep in force during the term of this Agreement, a combined single limit bodily injury and
<br />property damage insurance policy in the minimum amount of $1,000,000 naming Washington
<br />State Park Commission as an additional insured against any liability arising out of Subrecipient's
<br />or its agents, employees, or assigns. Subrecipient shall provide to Commission, a certificate
<br />evidencing such insurance coverage and shall provide 30 days written notice prior to any changes
<br />in the amount or cancellation of said policy.
<br />Subrecipient shall buy and maintain property insurance covering all real property and
<br />fixtures, equipment, and tenant improvements and betterments. Such insurance shall
<br />be written on an all-risk's basis and, at a minimum, cover the perils insured under l5O
<br />special causes of loss Form CP 10 30, and cover the full replacement cost of the property
<br />insured. Such insurance may have commercially reasonable deductibles.
<br />MLE 325-188 Subrecipient Agreement - Boating Program (FFA Grant Award)Page 17 of36
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