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GENERAL TERMS AND CONDITIONS <br /> INTERAGENCY AGREEMENT <br /> FEDERAL FUNDS <br /> 14. SEVERABILITY <br /> The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for <br /> any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the <br /> Grant. <br /> 15. SUBCONTRACTING <br /> The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written <br /> approval of COMMERCE. <br /> If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to <br /> subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, <br /> COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they <br /> relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or <br /> (c) require the Grantee to rescind or amend a subcontract. <br /> Every subcontract shall bind the Subgrantee to follow all applicable terms of this Grant.The Grantee is <br /> responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of <br /> this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal <br /> conditions of this Grant. In no event shall the existence of a subcontract operate to release or reduce <br /> the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. <br /> Every subcontract shall include a term that COMMERCE and the state of Washington are not liable for <br /> claims or damages arising from a Subgrantee's performance of the subcontract. <br /> 16. SURVIVAL <br /> The terms, conditions, and warranties contained in this Grant that by their sense and context are <br /> intended to survive the completion of the performance, cancellation or termination of this Grant shall <br /> so survive. <br /> 17. TERMINATION FOR CAUSE <br /> In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant <br /> in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending <br /> or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective <br /> action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or <br /> suspended. <br /> In the event of termination or suspension,the Grantee shall be liable for damages as authorized by law <br /> including, but not limited to, any cost difference between the original Grant and the replacement or <br /> cover grant and all administrative costs directly related to the replacement grant, e.g., cost of the <br /> competitive bidding, mailing, advertising and staff time. <br /> COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or <br /> prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged <br /> compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to <br /> terminate the Grant. A termination shall be deemed a"Termination for Convenience" if it is determined <br /> that the Grantee: (1) was not in default; or(2) failure to perform was outside of his or her control. fault <br /> or negligence. <br /> The rights and remedies of COMMERCE provided in this Grant are not exclusive and are in addition to <br /> any other rights and remedies provided by law. <br /> 13 <br />