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34. SEVERABILITY <br />The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any <br />reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. <br />35. SURVIVAL <br />The terms, conditions, and warranties contained in this Agreement that by their sense and context are intended to <br />survive the completion of the performance, cancellation, or termination of this Grant shall so survive, including but <br />not limited to the following sections: Capital Project, Community Benefits, Change of Ownership or Use, <br />Evaluation and Monitoring, Recapture Provision, Hold Harmless, and Records Maintenance. <br />36. WAIVER <br />WSDA's failure to insist on strict performance of any provision in this Agreement or to exercise any right based <br />upon a breach of any provision or the acceptance of any performance during such breach, shall not constitute a <br />waiver of any right under this Agreement. <br />37. GRANT MANAGEMENT <br />The Representative for each of the parties shall be responsible for and shall be the contact person for all <br />communications and billings regarding the performance of this Grant Agreement. <br />38. STATE PUBLIC WORKS <br />For work done at the cost of the State, Grantee must comply with public works statutes RCW 39.04 and RCW <br />39.10, apprenticeship requirements, and the State and local building codes, as applicable. If Grantee has <br />questions about compliance, Grantee will need to visit the Washington State Department of Labor & Industries <br />Public Works Projects website for more information. <br />39. REAPPROPRIATION <br />a. The parties hereto understand and agree that any State funds not expended by the Grant End Date listed on <br />the Grant Agreement Face Sheet will lapse on that date, unless the parties have executed an amendment to <br />extend the Grant End Date prior to that date. <br />b. Unless specifically reappropriated by the Washington State Legislature, State funds provided for this program <br />lapse on June 30, 2027. If funds are reappropriated and the Grant Agreement has been amended to extend <br />the original Grant End Date, the State's obligation under the terms of this Grant Agreement shall be <br />contingent upon the terms of such reappropriation. <br />c. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future biennium, <br />WSDA reserves the right to assign a reasonable share of any such reappropriation for administrative costs. <br />40. BREACHES OF OTHER STATE CONTRACTS <br />Grantee is expected to comply with all other contracts and grant agreements executed between Grantee and the <br />state of Washington. A breach of any other contract or grant agreement entered into between Grantee and the <br />state of Washington may, in WSDA's sole discretion, be deemed a breach of this Agreement. <br />41. PUBLIC RECORDS ACT <br />WSDA is a public agency subject to the Public Fecords Act, RCW 42.56 (PRA). Under the PRA, all materials <br />relating to the conduct of government or the performance of any governmental or proprietary function prepared, <br />owned, used, or retained by WSDA or its functional equivalents are considered public records. The PRA requires <br />that public records responsive to a public records request be promptly produced unless the PRA or an "other <br />statute" exempts such records from production. This Agreement is not intended to alter WSDA's obligations under <br />the PRA. <br />42. INSURANCE <br />a. Insurance Requirements for Reimbursable Activities <br />The Grantee must have insurance coverage that is substantially similar to the coverage described in <br />subsection b below for all periods in which Grantee performed work for which it will seek reimbursement. The <br />intent of the required insurance is to protect the state of Washington should there be any claims, suits, <br />actions, costs, damages or expenses arising from any loss or negligent or intentional act or omission of the <br />Grantee or subgrantee/subcontractor, or agents of either, while performing under the terms of this Grant <br />Agreement. <br />Insurance Requirements During the Term of the Grant Agreement <br />Kittitas County Page 9 <br />K6400 <br />Fair Capital Project Grant <br />