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Docusign Envelope ID: 1OBC9C18-B2D4-4ECE-8COA-D7C9B69F3F42 <br />Completion of the requirements of Section 106 of the National Historic Preservation Act shall <br />substitute for completion of Governor's Executive Order 21-02. <br />In the event that the GRANTEE finds it necessary to amend the Project described in Attachment A <br />(Scope of Work), the GRANTEE may be required to re -comply with Governor's Executive Order 21- <br />02 or Section 106 of the National Historic Preservation Act. <br />21. TERMINATION FOR FRAUD OR MISREPRESENTATION <br />In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the <br />grant application or during the performance of this Grant Agreement, COMMERCE reserves the right <br />to terminate or amend this Grant Agreement, accordingly, including the right to recapture all funds <br />disbursed to the GRANTEE under the Grant Agreement. <br />22. FRAUD AND OTHER LOSS REPORTING <br />GRANTEE shall report in writing all known or suspected fraud or other loss of any funds or other <br />property furnished under this Grant Agreement immediately or as soon as practicable to the <br />COMMERCE Representative identified on the Face Sheet. <br />23. PUBLIC RECORDS ACT <br />Notwithstanding General Terms and Conditions Section 13 (Confidentiality/Safeguarding of <br />Information), COMMERCE is a public agency subject to the Public Records Act, RCW 42.56 (PRA). <br />Under the PRA, all materials relating to the conduct of government or the performance of any <br />governmental or proprietary function prepared, owned, used, or retained by COMMERCE or its <br />functional equivalents are considered public records. The PRA requires that public records <br />responsive to a public records request be promptly produced unless the PRA or an "other statute" <br />exempts such records from production. This Grant Agreement is not intended to alter COMMERCE's <br />obligations under the PRA. The parties agree that if COMMERCE receives a public records request <br />for files that may include confidential information under General Terms and Conditions Section 13 <br />(Confidentiality/Safeguarding of Information), COMMERCE may notify the other party of the request <br />and of the date that the records will be released to the requester unless GRANTEE obtains a court <br />order enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure, <br />COMMERCE may release the requested information on the date specified. If the GRANTEE obtains <br />a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA, <br />COMMERCE shall maintain the confidentiality of the information per the court order. <br />24. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL!£NGIN EERING DESIGN <br />WORK <br />General Terms and Conditions Section 16 (Copyright Provisions) are not intended to apply to any <br />architectural and engineering design work funded by this Grant Agreement. <br />25. TREATMENT OF ASSETS <br />Title to all property furnished by COMMERCE shall remain in COMMERCE. General Terms and <br />Conditions Section 47 (Treatment of Assets) is superseded by this provision. <br />15 <br />