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<br />Page 10 of 44 <br /> <br />Unless otherwise authorized by COMMERCE in writing, reimbursable payroll costs shall not include <br />employee overtime nor bonus pay. <br />Withholding <br />At its sole discretion, COMMERCE may withhold five percent (5%) from the final invoice for each awarded <br />project area until acceptance by COMMERCE of the final report (or completion of the project, etc.). <br /> <br />7. Data <br />Except as may be otherwise provided in the Federal Notice of Award, COMMERCE shall own all rights in <br />data resulting from this contract. The federal funding agency reserves the right to obtain, reproduce, publish, <br />or otherwise use the data produced under this Contract, and to authorize others to receive, reproduce, <br />publish, or otherwise use such data for federal purposes. <br /> <br />8. Federal Exclusion <br />These terms add to the terms in Section 11 Certification Regarding Debarment, Suspension or Ineligibility <br />and Voluntary Exclusion — Primary and Lower Tier Covered Transactions in General Terms and Conditions. <br />The Subrecipient also agrees to access the Federal Exclusion List at www.sam.gov and provide Federal <br />Exclusion documentation to COMMERCE and to keep a copy on file with the Subrecipient's project records. <br /> <br />9. Fraud and Other Loss Reporting <br />Subrecipient shall report in writing all known or suspected fraud or other loss of any funds or other property <br />furnished under this Contract immediately or as soon as practicable to the COMMERCE Representative <br />identified on the Face Sheet. <br />In addition to reporting to COMMERCE, Subrecipients may also report fraud to the Washington State <br />Auditors Office at this link: Fraud Program | Office of the Washington State Auditor or to the U.S. <br />Government Accountability Office at this link: Report and Prevent Fraud | U.S. GAO <br /> <br />10. Termination for Fraud <br />In the event the Subrecipient commits fraud or makes any misrepresentation in connection with the Grant <br />application or during the performance of this Grant Agreement, COMMERCE reserves the right to <br />terminate or amend this Grant Agreement accordingly, including the right to recapture all funds disbursed <br />to the Subrecipient under the Grant. <br /> <br />11. Historical or Cultural Artifacts <br />Prior to any ground disturbance or construction the Subrecipient shall complete the requirements of <br />Governor’s Executive Order 21-02, where applicable, or Subrecipient shall complete a review under Section <br />106 of the National Historic Preservation Act, if applicable. Subrecipient agrees that the Subrecipient is <br />legally and financially responsible for compliance with all laws, regulations, and agreements related to the <br />preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the state of