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