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M3 L` CAL_REL_TIOiVS
<br />It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
<br />and gives no right to any other party. No joint venture or partnership is formed as a result of this
<br />Agreement.
<br />To the extent allowed by law, the Subrecipient, Its successors or assigns, will protect, save and hold
<br />harmless the Department, the state of Washington, and the United States Government and their
<br />authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature j
<br />whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subreclplents,
<br />assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever j
<br />arising out of or in connection with any acts or activities authorized by this Agreement. r
<br />To the extent ailowed by law, the Subrecipient further agrees to defend the Department and the state of
<br />Washington and their authorized agents and employees in any litigation; inciuding payment of any costs
<br />or attorneys' fees for any claims or action commenced thereon arising out of or In connection with acts
<br />or activities authorized by this Agreement.
<br />Tfiis'olligtion shall not Irrclud such claims, casts, damages or expenses which may be caused by the
<br />stile negligence of the Department; provided, that if the claims or damages are caused by or result from
<br />the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this j
<br />Indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, i
<br />or the Subrecipient's agents or employees.
<br />Insofar as the funding source, FEMA, Is an agency of the Federal government, the fallowing shall apply:
<br />44 QFR206.9_ Non,jabft The Federal government shall not be liable for any claim bared upon the
<br />exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the I
<br />hart of a federal agency or an employee of the Federal government in carrying out tha provisions of the
<br />Stafford Act. {
<br />A.14 z IMITATION CIF AUTHORITY-AUTHQRIZED SIGNATURE,
<br />The signatories. to this Agreement represent that they have the authority to bind their respective
<br />organizations to this Agreement, Only the Department's Authorized Signature representative and the
<br />Author_ized-Signature-representative-ofthe-Subrecipient-or-Alternate-for-the-Subrecipient, formally. -
<br />designated -in -writing; shall -have -theme ess, implied, or apparent authority to alter, amend, modify, or
<br />waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of I.
<br />any clause or condition of this Agreement is not effective or binding unless made In writing and signed
<br />by both parties' Authorized Signature representatives, except as provided for time extensions in Article
<br />A.3. '
<br />Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
<br />signature authority to sign reimbursement requests, time extension requests, amendment...and.
<br />_... modification-requests;-roquests..for.-ohati-ges to'prajeets or work plans,.and nfher requ ts, certifications
<br />and documents authorized by or required under this Agreement.
<br />A-15 LQaQ OR.REDUCTION OF FUNDI-NG
<br />in the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
<br />after the effective date of this Agreement and prior to normal completion or and date, the Department
<br />may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
<br />a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
<br />panties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
<br />with new funding limitations and conditions, although the Department has no obligation to do so.
<br />A.16 NONASSIGNAPILITY
<br />Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
<br />the Subrecipient.
<br />A.17 NQNDISCRIMINATION
<br />During the performance of this agreement, the Subrecipient shall comply with all federal and state
<br />nondiscrimination statutes and regulations. These requirements include, but are not limited to:
<br />a. Nondiscrimination In Employment: The Subreciplent shall not discriminate against any employee or
<br />applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
<br />DH8-FEMA-I-ISGP,SH8P-FY24 page 18 of 48 Klttitas County, E25-224
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