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<br />Page 32 of 44 <br /> <br />this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or <br />other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project <br />costs. <br /> <br />35. Publicity <br />The Subrecipient agrees not to publish or use any advertising or publicity materials in which the state of <br />Washington or COMMERCE’s name is mentioned, or language used from which the connection with the <br />state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the prior <br />written consent of COMMERCE. <br /> <br />36. Recapture <br />In the event that the Subrecipient fails to perform this Contract in accordance with state laws, federal laws, <br />and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to <br />compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in <br />equity. <br />Repayment by the Subrecipient of funds under this recapture provision shall occur within the time period <br />specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due <br />under this Contract. <br /> <br />37. Records Maintenance <br />The Subrecipient shall maintain books, records, documents, data and other evidence relating to this <br />Contract and performance of the services described herein, including but not limited to accounting <br />procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature <br />expended in the performance of this Contract. <br />The Subrecipient shall retain such records for a period of six years following the date of final payment. At <br />no additional cost, these records, including materials generated under the Contract, shall be subject at all <br />reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by <br />COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation <br />or agreement. <br />If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be <br />retained until all litigation, claims, or audit findings involving the records have been resolved. <br /> <br />38. Registration With Department of Revenue <br />If required by law, the Subrecipient shall complete registration with the Washington State Department of <br />Revenue. <br /> <br />39. Right of Inspection <br />At no additional cost all records relating to the Subrecipient’s performance under this Contract shall be <br />subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the State <br />Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance,