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• I understand and agree that if I receive funding from the County of Kittitas’s ARPA Grant
<br />Program, and I do not use all the funds by the December 31, 2025 or use the funds for
<br />expenses other than the authorized purpose outlined in my application, I will be required
<br />to return the awarded funds to the County of Kittitas.
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<br />• I agree that if there is fraud or misrepresentation with respect to the performance of this
<br />Grant Agreement, Kittitas County reserves the right to terminate or amend this Agreement
<br />accordingly, including the right to recapture all funds disbursed under this Grant.
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<br />• 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.
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<br />• I have the authority to legally bind the business, non-profit, or organization.
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<br />• I agree to indemnify, defend, and hold harmless the County of Kittitas, U.S. Treasury, and
<br />the elected officers, employees, agents and/or representatives of each said government
<br />entity, for any ARPA funds received from the U.S. Treasury through the County of Kittitas,
<br />from and against any and all claims, damages, losses and expenses
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<br />• To the fullest extent permitted 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. “Claim” as used in this contract, means any
<br />financial loss, claim, suit, action, damage, or expense, including but not limited to
<br />attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or the
<br />destruction of tangible property including loss of use resulting therefrom.
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<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 Kittita s
<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. Grantee’s
<br />obligation to indemnify, defend, and hold harmless Kittitas County shall
<br />not be eliminated or reduced by any actual or alleged concurrent negligence of Kittitas
<br />County or its agents, agencies, employees and officials. Grantee waives its immunity
<br />under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless
<br />Kittitas County and its agents, officers, representatives, or employees.
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<br />• Kittitas County reserves the right, but not the obligation, to participate in the defense of
<br />any claim, damages, losses or expenses and such participation shall not constitute a
<br />waiver of Grantee’s indemnity obligations under this Agreement.
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<br />• This Grant may be amended by mutual agreement of the parties. Such amendments shall
<br />not be binding unless they are in writing and signed by personnel authorized to bind each
<br />of the parties.
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