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Docusign Envelope ID: 1OBC9C18-B2D4-4ECE-8COA-D7C9B69F3F42 <br />6. AMENDMENTS <br />This Grant Agreement may be amended by mutual agreement of the parties. Such amendments shall <br />not be binding unless they are in writing and signed by personnel authorized to bind each of the <br />parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant <br />Agreement shall be deemed to exist or to bind any of the parties hereto. <br />7. AMERICANS WITH DISABILITIES ACT ADA OF 1990 PUBLIC LAW 101-336 ALSO <br />REFERRED TO AS THE "ADA" 28 CFR PART 35 <br />The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to <br />individuals with disabilities in the areas of employment, public accommodations, state and local <br />government services, and telecommunications. <br />8. ASSIGNMENT <br />Neither this Grant Agreement nor any Claim arising under this Grant Agreement, shall be transferred <br />or assigned by the GRANTEE without prior written consent of COMMERCE. <br />9. ATTORNEYS' FEES <br />Unless expressly permitted under another provision of the Grant Agreement, in the event of litigation <br />or other action brought to enforce Grant Agreement terms, each party agrees to bear its own <br />attorneys' fees and costs. <br />10. AUDIT <br />A. General Requirements <br />COMMERCE reserves the right to require an audit. If required, GRANTEEs are required to <br />procure audit services, at the request of COMMERCE, and provide documentation of the audit to <br />COMMERCE based on the following guidelines. <br />The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure <br />that subgrantees/subcontractors also maintain auditable records. <br />The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of <br />its subgrantees/subcontractors. <br />COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from <br />the audit. <br />Responses to any unresolved management findings and disallowed or questioned costs shall be <br />included with the audit report. The GRANTEE must respond to COMMERCE requests for <br />information or corrective action concerning audit issues within 30 calendar days of the date of <br />request. <br />B. State Funds Requirements <br />In the event an audit is required, if the GRANTEE is a state or local government entity, the Office <br />of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted <br />by a qualified certified public accountant. <br />17 <br />