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3 C. The policy,endorsement or other addition,or a similar liability insurance policy meeting the requirements of this section,shall be `
<br /> kept in force throughout the sponsor's obligation to the project as identified in this Agreement.
<br /> D. The policy,as modified by any endorsement or other addition,shall provide that the issuing company shall give written notice to
<br /> RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer,and within ten(10)
<br /> calendar days following any termination of the policy by the sponsor.
<br /> E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal,state,or municipal government
<br /> which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or
<br /> activities generally,including such facilities as firearms or archery ranges,when the applicant declares and describes that
<br /> program or policy as a part of its application to the funding board.
<br /> F. By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death,injury,
<br /> or damage to property which that person may suffer while present at,or in the vicinity of,the facility to which this grant relates.
<br /> Any such person,or any other person making claims based on such death,injury,or damage,must look to the sponsor,or
<br /> others,for any and all remedies that may be available by law.
<br /> SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE
<br /> If the project has been approved by the National Park Service,US Department of the Interior,for funding assistance from the federal
<br /> Land and Water Conservation Fund(LWCF),the"Project Agreement General Provisions"in the LWCF State Assistance Program
<br /> Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General
<br /> Provisions,in addition to this Agreement,as they now exist or are hereafter amended. Further,the sponsor agrees to provide RCO
<br /> with reports or documents needed to meet the requirements of the LWCF General Provisions.
<br /> SECTION 30. FARMLAND PRESERVATION ACCOUNT
<br /> For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections
<br /> will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement.
<br /> • Section 8-Acknowledgement and Signs,
<br /> • Section 10-Hazardous Substances,
<br /> • Section 14-Stewardship and Monitoring
<br /> • Section 22-Provisions Applying to Acquisition Projects,Sub-sections F and G.
<br /> • Section 23-Restriction on Conversion of Real Property and/or Facilities to Other Uses,
<br /> • Section 24-Construction,Operation,Use and Maintenance of Assisted Projects,Sub-sections E,F,G,and
<br /> • Section 25-Income and Income Use
<br /> SECTION 31. ORDER OF PRECEDENCE
<br /> This Agreement is entered into,pursuant to,and under the authority granted by applicable federal and state laws.The provisions of
<br /> • the Agreement shall be construed to conform to those laws.In the event of an inconsistency in the terms of this Agreement,or
<br /> between its terms and any applicable statute,rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in
<br /> the following order:
<br /> A. Applicable federal and/or state statutes,regulations,policies and procedures including RCO/funding board policies and
<br /> procedures,applicable federal Office of Management and Budget(OMB)circulars and federal and state executive orders;
<br /> B. Project agreement including attachments;
<br /> C. Special Conditions;
<br /> •
<br /> D. Standard Terms and Conditions of the Project Agreement.
<br /> SECTION 32. AMENDMENTS
<br /> Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties
<br /> except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee.
<br /> SECTION 33. LIMITATION OF AUTHORITY
<br /> Only RCO or RCO's delegate by writing(delegation to be made prior to action)shall have the express,implied,or apparent authority
<br /> to alter,amend,modify,or waive any clause or condition of this Agreement.Furthermore,any alteration,amendment,modification,or
<br /> waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO.
<br /> SECTION 34. WAIVER OF DEFAULT
<br /> Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the
<br /> Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of
<br /> the terms of the Agreement unless stated to be such in writing,signed by the director,or the director's designee,and attached to the
<br /> original Agreement.
<br /> SECTION 35. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH
<br /> The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for,selection for,and scope
<br /> of,funding grants.Any misrepresentation,error or inaccuracy in any part of the application may be deemed a breach of this
<br /> Agreement.
<br /> WWRP Project Agreement-RCO 412-1085D Outdoor Recreation Account
<br /> Chapter 79A.15 RCW,Chapter 286 WAC ,Z,L Page 13 or 15
<br /> PROJAGR.RPT
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