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Other Local Governments", hereinafter referred to as "BARS", as issued by the <br /> Office of State Auditor, State of Washington. The Subrecipient further agrees <br /> that the City shall have the right to monitor and audit the fiscal components of <br /> the organization to insure that actual expenditures remain consistent with the <br /> terms of this Agreement. The Subrecipient shall retain all books, records, <br /> documents and other material relevant to the Agreement for three (3)years after <br /> settlement of this Agreement. The Subrecipient agrees that the City, the U.S. <br /> Department of Housing and Urban Development, the Washington State Auditor, <br /> or their designees, shall have full access to and right to examine any of said <br /> materials at all reasonable times during said period. <br /> B. The Subrecipient agrees that any contributions or payments made for services <br /> furnished under this Agreement shall be used for the sole benefit of this <br /> program. <br /> XV. Covenant Against Contingent Fees <br /> The Subrecipient warrants that no person or selling agency has been employed or <br /> retained to solicit or secure this contract upon an Agreement or understanding for <br /> a commission, percentage, brokerage or contingent fee, excepting bona fide <br /> employees or bona fide established commercial or selling agency maintained by <br /> the Subrecipient for the purpose of securing business. The City of Everett shall <br /> have the right, in the event of breach of this clause by the Subrecipient, to annul <br /> this Agreement without liability or, in its discretion, to deduct from the Agreement <br /> price or consideration or otherwise recover the full amount of such commissioner, <br /> percentage, brokerage or contingent fee. <br /> XVI. Conflict of Interest <br /> A. In the event this Agreement is terminated because it is determined by the City <br /> that gratuities in the form of entertainment, gifts, or otherwise offered or given <br /> by the Subrecipient, or agent or representative of the Subrecipient, to any <br /> officer or employee of the City of Everett, with a view towards securing this <br /> Agreement or securing favorable treatment with respect to the awarding or <br /> amending or the making of any determinations with respect to this Agreement. <br /> B. The City shall be entitled to pursue the same remedies against Subrecipient as <br /> it could pursue in the event of a breach of the Agreement by the Subrecipient. <br /> The rights and remedies of the City provided for in this clause shall not be <br /> exclusive and are in addition to any other rights and remedies provided by law. <br /> XVII. No assignability of Claims <br /> No claim arising under this Agreement shall be transferred or assigned by the <br /> Subrecipient without written consent of the City. <br />