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4 <br /> 8 <br /> Agency shall take reasonable steps to protect and preserve any property of the <br /> County that is in the possession of the Agency pending return to the County. <br /> 4. Remedies <br /> a. If the County terminates any Contract for lack of performance, the County <br /> may withhold a sum from the final payment to the Agency that the County <br /> determines is necessary to protect the County against loss or additional <br /> liability. The County shall be entitled to all remedies available at law, in <br /> equity, or under this Agreement. <br /> b. The Agency shall be entitled to all remedies available at law, in equity, or <br /> under this Agreement if either: <br /> (i) The County terminated a Contract for lack of performance and it is later <br /> determined that the Agency was not at default for lack of performance; or <br /> (ii) If the Agency terminated a Contract for lack of County performance. <br /> XLIII. SEVERABILITY <br /> A. The provisions of this Agreement are severable. If any part, term, or provision of this <br /> Agreement or any Contract is determined to be invalid, the remaining provisions <br /> shall not be affected thereby, and the rights and obligations of the parties shall be <br /> construed and enforced as if this Agreement or any Contract did not contain the <br /> particular provision held to be invalid. <br /> B. If it should appear that any part, term, or provision is in conflict with any <br /> constitutional or statutory provision of the State of Washington, the part, term, or <br /> provision shall be deemed modified to conform to such constitutional or statutory <br /> provision. <br /> XLIV. CONTRACT CLOSE-OUT PROCEDURES <br /> A. The Agency shall submit within thirty (30) calendar days after the date of expiration <br /> of any Contract all financial, performance, and other reports required by the Contract <br /> and, in addition, shall cooperate in a program or other audit by the County or its <br /> designee if the County determines that a program or other audit is necessary. <br /> B. If a financial audit of any Contract is conducted, the County retains the right to <br /> withhold a just and reasonable sum from the final payment to the Agency after fully <br /> considering the results of the final audit. <br /> XLV. LOBBYING AND CERTIFICATION <br /> A. The requirements of 31 U.S.C. § 1352, entitled "Limitation on use of appropriated <br /> funds to influence certain Federal contracting and financial transactions," and related <br /> subsections of the Code of Federal Regulations implemented for funding authorities, <br /> apply to federal contracts, grants and cooperative agreements exceeding $100,000 <br /> in total costs (see 45 CFR § 93.110(a)(1)), and loans exceeding $150,000 (see 45 <br /> CFR § 93.110(a)(2)). <br /> B. No federal funds awarded under any Contract may he used to provide assistance in <br /> connection with any election or any voter registration activity. No federal funds may <br /> Basic Terms and Conditions Agreement <br /> City of Evereit <br /> HSD-2015-101-198 <br /> Pace 28 of 31 <br /> 62 <br />