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4,13
<br />A.14
<br />A,15
<br />A.16
<br />4.17
<br />LEGAL RELATIONS
<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 $ubrecipient, its successors or assigns, will protect, save and hold
<br />harmless the Depaftment, the state of Washington, and the United $tates Government and their
<br />authorized agents and employees, from all claims, actions, co$ts, darnages or expenses of any nature
<br />whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
<br />aseigns, agents, contractors, consultants, llcensees, invitees, employees or any person whomsoever
<br />arising out of or in connection with any acts or activities authorized by this Agreemertt.
<br />To the extent allowed by law, the $ubrecipient lurther agrees to defend the Department and the state of
<br />Washington and their authorized agents and employees in any litigation; including payment of any costs
<br />or attorneys'fees for any claims or action commenced thereon arising out o{ or in connection with acts
<br />or activities authorized by this Agreement,
<br />ThiS obligetion'-shal--ll not inbiude sucfr-ctaims, costs, damuger or expenses which may be caused hy the
<br />sole negligence of the Department; provided, that if the claims or damages are caused by or result frorn
<br />the concurrent negligence of {1) ihe Departrnent, and (2) the Subrecipient, its agents, or employees, this
<br />indemnity provision shall be valid and enforceable only to the extent of the negligence of the $ubrecipient,
<br />or the $ubrecipient's agents or employees.
<br />lnsofar as the funding source, FEMA, is an agency of the Federal governrnent, the following shall apply:
<br />44 9FR 206,9 Non-liabili{y. The Federal government shall not be liable for any claim bssed upon the
<br />exercise or performance of, or the failure to exoreise or perform a discretionaty function or duiy on the
<br />part of a federal agency or an employee of the Federal government in carrying out the provisions of the
<br />$tafford AcL
<br />LlM I TATIQ N OF AUT.HOR I]'Y -AUTHORIZFD SIG NATURE
<br />The signatories to thls Agreement represent that they have the authority to bind their respective
<br />organizations to this Agreement, Only the Department's Auttrorized Signature representative and the
<br />Authorized Signature repreeentative of the Subrecipient or Alternate for the
<br />a au alter, amend, rnodiff, or
<br />waive any clause or condition of this Agreement. Any alteration, amendmsnt, modification, or waiver of
<br />any clause or condition of this Agreement is not effective or binding unless nrade in writing and signed
<br />by both parties' Authorized $ignature representatives, except as provided for time extensions in Atticle
<br />A.3.
<br />Further, only ihe Authorized Signature representative or Alternate for the Subrecipient shall have
<br />signature authority to sign relmbursement requests, time extension lqq.lrqsjs, . g.!qer.Ldmen1. and
<br />modification-requests; requests-for changes to projects oi work blans, and other requests, certifications
<br />and documents authorized by or required under this Agreement.
<br />LO$$ OR REDUCTION OF FUNDING
<br />ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
<br />after the effective date of this Agreemeni and prior to normal completion or ond date, the Department
<br />may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
<br />a "Terminaiion for Cause" wlthoui providing the $ubrecipient an opportunity to cure. Alternatively, the
<br />parties rnay renegotiate the terms of this Agreement under "Amendments and Modffications" to comply
<br />with new funding llmitations and conditions, although the Department has no obligation to do so,
<br />NONASSTqNABILtTY
<br />Neither thie Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
<br />the Subrecipient.
<br />NONptSCRIMtNAT|ON
<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, Nondiscrirnination in Employment The Subrecipient shall not discrlminate against any employee or
<br />applicant for ernployment because of race, color, sex, sexual orientation, religion, national origin,
<br />D HS-FEMA-HSG P-SHS P.FY24 Page 18 of 48 Kittitas counly, E25-224
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