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Docusign Envelope ID: 1OBC9C18-B2D4-4ECE-8COA-D7C9B69F3F42 <br />32. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION <br />The funds provided under this Grant Agreement shall not be used in payment of any bonus or <br />commission for the purpose of obtaining approval of the application for such funds or any other <br />approval or concurrence under this Grant Agreement provided, however, that reasonable fees or <br />bona fide technical consultant, managerial, or other such services, other than actual solicitation, are <br />not hereby prohibited if otherwise eligible as Project costs. <br />33. PUBLICITY <br />The GRANTEE agrees not to publish or use any advertising or publicity materials in which the State <br />of Washington or COMMERCE's name is mentioned, or language used from which the connection <br />with the State of Washington's or COMMERCE's name may reasonably be inferred or implied, <br />without the prior written consent of COMMERCE. <br />34. RECAPTURE <br />In the event that the GRANTEE fails to perform this Grant Agreement in accordance with state or <br />federal laws, and/or the provisions of this Grant Agreement, COMMERCE reserves the right to <br />recapture funds in an amount to compensate COMMERCE for the noncompliance (which may include <br />all funds disbursed under the Grant Agreement, along with interest at the rate of the higher of: (i) five <br />percent (5%) per annum, or (ii) the rate of interest of state of Washington general obligation bonds <br />issued on the date most close in time to the effective date in which legislation authorized funding for <br />the subject facility) in addition to any other remedies available at law or in equity. <br />COMMERCE's ability to recapture or seek remedies shall survive any receipt of a Closeout <br />Certification Form or termination of this Grant Agreement. <br />Repayment by the GRANTEE of funds under this Section shall occur within the time period specified <br />by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due <br />under this Grant Agreement. <br />35. RECORDS MAINTENANCE <br />The GRANTEE shall maintain books, records, documents, data, and other evidence relating to this <br />Grant Agreement and performance of the services described herein, including, but not limited to, <br />accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs <br />of any nature expended in the performance of this Grant Agreement. <br />GRANTEE shall retain such records for a period of 6 years following the date of final payment. At no <br />additional cost, these records, including materials generated under the Grant Agreement, shall be <br />subject at all reasonable times to inspection, review, or audit by COMMERCE, personnel duly <br />authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so <br />authorized by law, regulation, or agreement. <br />If any litigation, Claim, or audit is started before the expiration of the 6 year period, the records shall <br />be retained until all litigation, Claims, or audit findings involving the records have been resolved. <br />36. REGISTRATION WITH DEPARTMENT OF REVENUE AND SECRETARY OF STATE <br />If required by law, the GRANTEE shall complete registration with the Washington State Department <br />of Revenue. Nonprofit and for -profit businesses must also be registered with the Washington <br />Secretary of State and current with all required filings. <br />37. RIGHT OF INSPECTION <br />24 <br />