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In consideration of Grantee's receipt of funds from the City, Grantee hereby assigns to the City all of its future rights <br />to reimbursement and all payments received from any grant, subsidized loan, or insurance policies of any type or <br />coverage or under any reimbursement or relief program related to or administered by the Federal Emergency <br />Management Agency, the Small Business Administration, or the Washington State Department of Commerce, to the <br />extent of proceeds paid to Grantee under this Agreement and that are determined in the sole discretion of the City to <br />be a duplication of benefits ("DOB"). <br />Upon receiving any DOB proceeds, Grantee agrees to immediately notify the City. If some or all of the proceeds are <br />determined to be a DOB, the portion that is a DOB shall be paid to the City forthwith. <br />VII. INDEMNIFICATION <br />A. The Grantee shall protect, defend, indemnify and save harmless the City, its officers, employees and agents from any and <br />all costs, claims, judgments and/or awards or damages, arising out of, or in any way resulting from, the acts or omissions of <br />the Grantee, its officers, employees and agents in performing this Agreement. <br />B. To the extent the Grantee is determined to be more properly classified as a subcontractor of the City under the terms of <br />the City's Interagency Agreement with the Washington State Department of Commerce, neither the Washington State <br />Department of Commerce nor the State of Washington shall be liable for claims or damages arising from the Grantee's <br />performance of the Agreement. <br />IN WITNESS THERE�F't'1e pacts have executed this Agreement as of the day and year indicated below. <br />Mayor, City of Everett <br />Approved as to form: <br />Office of the C ty Attorney <br />AP R '-': AS .ro FORM <br />!David C. Hail, City Attorney <br />Date <br />Date <br />City Attorney Date <br />Business: <br />Name of Business: EVT Music Initiative <br />12.11.2020 <br />Signatur Date <br />Executive Director <br />Title <br />2 <br />