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A.13 LEGAL RELATIONS
<br />It is qnderstood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
<br />and gives no right to any other party. No joint venture or partnership is formed as a result of this
<br />Agreement,
<br />To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
<br />harmless the Department, the state of Washington, and the United States Government and their
<br />authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
<br />whatsoever by reason of ihe acts or omissions of the Subrecipient, its subcontractors, subrecipients,
<br />assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
<br />arising out of or in connection with any acts or activities authorized by this Agreement.
<br />To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
<br />Washington and their authorizccl agents and employees iri any litigatir:rt; irtcluding payntet-rt of atiy uusts
<br />or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
<br />or activities authorized by this Agreement.
<br />This obligation shall not include such claims, costs, damages or expenses which may be caused by the
<br />sole negligence of the Department; provided, that if the claims or damages are caused by or result from
<br />the concuirent negligence of (1) the Departmsnt, and (2) the Subrecipient, its agents, or employees, this
<br />indemnity provision shatt Oe valid and enforceable only to the extent of the negligence of the Subrecipient,
<br />or the Subrecipient's agents or employees.
<br />lnsofar as the funding source, FEMA is an agency of the Federal government, the following shall apply:
<br />44 CFR 206.9 Non-liabifitv, The Federal government shall not be liable for any claim based upon the
<br />@,orthefailuretoexerciseorperformadiscretionaryfunctionordutyonthe
<br />part of a fed'eral agency or an employee of the Federal government in carrying out the provisions of the
<br />Stafford Act.
<br />A.14 I ll\/il ATINNI AI ITHr\E2ITV _ AI ITHNtlITtr n elr:l\l ATI lt?tr
<br />The signatories to this Agreement represent that they have the' authority to bind their respective
<br />organizations to this Agreement. Onty the Department's Authorized Signature representative and the
<br />Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
<br />designated in writing,shall have the express, implied, or apparent authority to alter, amend, modifl7, or
<br />waive any clause or condition of this Ag reement. Any alteration, amend ment, modification, or waiver of
<br />any clause or condition of this Agreement is not effective or binding unless made in writing and sig ned
<br />by both parties' Authorized Signature represontatives,except as provided for time extensions in Article
<br />A.3.
<br />Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
<br />signature authority to sign reimbursement requests, time extension requests, amendme_nt and
<br />modification requeits, requests for changes to projects or work plans, and other requests, certifications
<br />and documents authorized by or required under this Agreement'
<br />A.15 LOSS OR REDUCTION OF FUNDING
<br />@,federal,orothersourcesiswithdrawn,reduced,orlimitedinanyway
<br />after the effective dlte of this Agreement and prior to normal completion or end date, the Department
<br />may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
<br />a "iermination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
<br />parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
<br />with new fdnding iimitations and conditions, although the Department has no obligation to do so'
<br />A.16 NONASSIGNABILITY
<br />@t,noranyclaimarisingunderthisAgreement,shallbetransferredorassignedby
<br />the SubreciPient.
<br />A17 NONDISCRIMINATION
<br />@ofthisagreement,theSubrecipientshallcomplywithallfederalandstate
<br />nondiicrimination statutes and regulations. These requirements include, but are not limited to:
<br />a. Nondiscrimination in Employment The Subrecipient shall not discriminate against any employee or
<br />applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
<br />cieed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory,
<br />DHS-FEMA-EMPG-FY25 Page 18 of 50 Kittitas County,E26'241
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