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that were spent by the county without exercising reasonable diligence or a portion of funds <br /> disbursed to the COUNTY for those parts of the project that are rendered worthless by such <br /> failure to exercise reasonable diligence. <br /> In the event that the COUNTY fails to expend funds under this contract in accordance with <br /> state laws and/or the provisions of this contract, the COMMISSION reserves the right to <br /> recapture state funds in an amount equivalent to the extent of the noncompliance in addition <br /> to any other remedies available at law or in equity. <br /> Such rights of recapture shall exist for a period of two years following contract termination. <br /> Repayment by the COUNTY of funds under this recapture provision shall occur within 30 <br /> days of demand. In the event that the COMMISSION elects to institute legal proceedings to <br /> enforce the recapture provision, the prevailing party in any litigation for"recapture" shall be <br /> entitled to reasonable attorney fees. <br /> VI I. INELIGIBILITY <br /> The COUNTY certifies that neither it nor its principals are presently debarred, declared <br /> ineligible, or voluntarily excluded from participation in transactions by any federal <br /> department or state agency. <br /> VIII. INDEPENDENT RELATIONSHIP <br /> The COUNTY or COUNTY's Agent(s) performing under this contract are not employees or <br /> agents of the COMMISSION. The COUNTY shall not hold themselves out as nor claim to be <br /> an officer or employee of the COMMISSION or of the State of Washington by reason hereof, <br /> nor will the COUNTY make any claim of right, privilege or benefit which would accrue to such <br /> employee under law. Conduct and control of the work outlined in the scope of work shall be <br /> solely with the COUNTY. <br /> IX. KICKBACKS <br /> The COUNTY and its employees and authorized representatives are prohibited from inducing <br /> by any means any person employed or otherwise involved in this project to give up any part <br /> of the compensation to which he/she is otherwise entitled or, receive any fee, commission or <br /> gift in return for award of a subcontract hereunder. <br /> X. INTELLECTUAL PROPERTY <br /> Copyrights and Patents. Should the COUNTY or COUNTY's Agent(s) create any <br /> copyrightable materials or invent any patentable property in the course of the scope of work <br /> governed by this agreement, the COUNTY may copyright or patent the same but shall grant <br /> the COMMISSION a royalty-free, nonexclusive and irrevocable license to reproduce, publish, <br /> recover or otherwise use the material(s) or property and to authorize others to use the same <br /> VSP 2025-27 Biennium Contract Between the WSCC and County- Page 11 of 23 <br />