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• 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.
<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.
<br /> 6 1 have the authority to legally bind the business, non-profit,,or organization.
<br /> l 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.
<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,
<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'stsubcontractor'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.
<br /> • Kittitas County reserves the right, but not the obligation, to participate in the defense of
<br /> any claim; damages, loses or expenses and such participation shall not constitute a
<br /> waiver of Grantee's indemnity obligations under this Agreement.
<br /> • This Grant maybe 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.
<br /> • The parties intend that an independent contractorrelationship will be created by this Grant
<br /> The Grantee and its employees,volunteers, or agents performing under this Agreement
<br /> are not employees, volunteers, or agents of Kittitas County. The Grantee will not hold
<br /> itself out as or claim to be an officer,volunteer,or employee of Kittitas County by reason
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