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2 damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees
<br /> assessed against the DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so comply.
<br /> A.23 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
<br /> The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed
<br /> with funds under this Agreement, and by this grant of funds does not and will not acquire any ownership
<br /> interest or title to such property of the SUBRECIPIENT.
<br /> The SUBRECIPIENT shall assume all liabilities arising from the ownership and operation of the project
<br /> and agrees to hold the DEPARTMENT and the State of Washington and the United States government
<br /> harmless from any and all causes of action arising from the ownership and operation of the project.
<br /> A.24 POLITICAL ACTIVITY
<br /> No portion of the funds provided herein shall be used for any partisan political activity or to further the
<br /> election or defeat of any candidate for public office or influence the approval or defeat of any ballot
<br /> issue.
<br /> A.25 PRIVACY
<br /> Personal information collected, used or acquired in connection with this agreement shall be used solely
<br /> for the purposes of this agreement. SUBRECIPIENT and its subcontractors agree not to release,
<br /> divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information
<br /> without the express written consent of the DEPARTMENT or as provided by law or court order.
<br /> SUBRECIPIENT agrees to implement physical, electronic and managerial safeguards to prevent
<br /> unauthorized access to personal information.
<br /> The DEPARTMENT reserves the right to monitor, audit, or investigate the use of personal information
<br /> collected, used or acquired by the SUBRECIPIENT through this contract. The monitoring, auditing or
<br /> investigating may include but is not limited to "salting" by the DEPARTMENT. Salting is the act of
<br /> placing a record containing unique but false information in a database that can be used later to identify
<br /> inappropriate disclosure of data contained in the database.
<br /> Any breach of this provision may result in termination of the contract and the demand for return of all
<br /> personal information. The SUBRECIPIENT agrees to indemnify and hold harmless the DEPARTMENT
<br /> for any damages related to the SUBRECIPIENT's unauthorized use, loss or disclosure of personal
<br /> information.
<br /> For purposes of this provision, personal information includes, but is not limited to, information
<br /> identifiable to an individual that relates to a natural person's health, finances, education, business, use
<br /> or receipt of governmental services, or other activities, names, addresses, telephone numbers, social
<br /> security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers
<br /> and other identifying numbers.
<br /> A.26 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
<br /> The assistance provided under this Agreement shall not be used in payment of any bonus or
<br /> commission for the purpose of obtaining approval of the application for such assistance or any other
<br /> approval or concurrence under this Agreement provided; however, that reasonable fees or bona fide
<br /> technical consultant, managerial, or other such services, other than actual solicitation, are not hereby
<br /> prohibited if otherwise eligible as project costs.
<br /> A.27 PUBLICITY
<br /> The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and
<br /> publicity matters relating to this Agreement wherein the DEPARTMENT's name is mentioned or
<br /> language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's
<br /> judgment, be inferred or implied. The SUBRECIPIENT agrees not to publish or use such advertising
<br /> and publicity matters without the prior written consent of the DEPARTMENT. The SUBRECIPIENT may
<br /> copyright original work it develops in the course of or under this Agreement; however, pursuant to 2
<br /> CFR Part 200.315, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,
<br /> publish or otherwise use, and to authorize others to use the work for government purposes.
<br /> The SUBRECIPIENT shall include language which acknowledges the funding contribution of the
<br /> DEPARTMENT and FEMA to this project in any release or other publication developed or modified for,
<br /> or referring to, the project.
<br /> Public Assistance Grant Agreement Page 15 of 21 City of Everett,D20-122
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