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f) I understand and agree that if I receive funding from the County of Kittitas's ARPA Grant
<br />Program, and ldo not spend all the funds by December 31,2026, or use the funds for
<br />expenses otherthan 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 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, 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.Grantee's
<br />obligation to indemnify, defend, and hold harmless Kittitas County shall not be eliminated
<br />by any actual or alleged concurrent negligence of Kittitas County or its agents, agencies,
<br />employees and officials. Grantee waives its immunity under Title 51 RCW to the extent
<br />permitted by law that it is required to indemnify, defend, and hold harmless Kittitas County
<br />and its agents, officers, representatives, or employees.
<br />l) 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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