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Notice shall be effective when hand-delivered during normal business hours or two (2) business days after mailing, <br /> postage prepaid,to the proper address. Either party may change its address for notices by written notice as specified <br /> above. <br /> VI. SUBROGATION <br /> In consideration of Grantee's receipt of funds from the City,Grantee hereby assigns to the City all of its future rights to <br /> reimbursement and all payments received from any grant,subsidized loan, or insurance policies of any type or coverage <br /> or under any reimbursement or relief program related to or administered by the Federal Emergency Management <br /> Agency,the Small Business Administration,or the Washington State Department of Commerce,to the extent of <br /> proceeds paid to Grantee under this Agreement and that are determined in the sole discretion of the City to be a <br /> 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 all <br /> costs, claims,judgments and/or awards or damages,arising out of,or in any way resulting from,the acts or omissions of the <br /> 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 the <br /> 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 /> EVE R ETT Everett CARES Small Business Grant Program Round 3 ` page 5 <br /> MINE WASHINGTON <br />