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Docusign Envelope ID: 223ECAE8-BCEA-4746-958D-2D7D9059292A <br />d. The County and the Funding Recipient agree that in fulfilling the terms and <br />conditions of this Agreement neither shall discriminate on the basis of race, creed, <br />color, national origin, age, sex, marital status, or the presence of a physical, sensory, <br />or mental handicap. <br />e. The Services shall at all times be subject to inspection by and approval of the <br />County, but the County's making (or failure or delay in making) such inspection or <br />approval shall not relieve Funding Recipient of its responsibility to perform the <br />Services in accord with this Agreement, notwithstanding the County's knowledge of <br />defective or non -complying performance, or the substantiality or ease of discovering <br />the same. Funding Recipient shall provide the County with sufficient, safe, and <br />proper facilities and equipment for such inspection and free access to such facilities. <br />This contract is subject to review by any Federal or State auditor. Funding Recipient <br />shall promptly furnish the County or its designee, or such Federal or State auditor <br />with such information related to the Services as may be requested by the applicable <br />governmental entity. Funding Recipient shall preserve and maintain all financial <br />records and records relating to performance of Services under this Agreement for six <br />(6) years after contract termination. For such duration after the County makes final <br />payment of compensation due hereunder, Funding Recipient shall provide the <br />County access to (and the County shall have the right to examine, audit and copy, <br />with or without notice) all of Funding Recipient's books, documents, papers and <br />records related to the Services or this Agreement. <br />Section 4. Indemnity. <br />Each party to this Agreement shall be responsible for its own acts or omissions and for <br />those of its officers, employees, and agents. Neither party shall be responsible for the <br />acts or omissions of persons or entities not a party to this Agreement. <br />Section 5. Compliance with Public Records Law. <br />a. In compliance with Washington's public records law, the County will retain copies of <br />any documents associated with this Agreement, which may be required by law <br />unless legally exempt from such retention, for any applicable legally required <br />retention period. <br />b. In the event a public records request is made to the County for documents created in <br />relation to this Agreement, should legal uncertainty arise regarding the disclosability <br />of any documents under federal or state public records laws, the County shall <br />provide notice to Funding Recipient pursuant to Washington's public records act, <br />chapter 42.56 RCW, to allow Funding Recipient to seek a court injunction. <br />d. The County specifically shall not be liable to Funding Recipient for the County's <br />release under public records laws of any documents not protected by trademark, <br />copyright or other law. <br />Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement <br />Page 3 <br />