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SECTION 16: SUBRECIPIENT DEFAULT
<br />Subrecipient will be in default under this Agreement upon the occurrence of any of the following
<br />events:
<br />16.1 Subrecipient fails to perform, observe, or discharge any of its covenants, agreements, or
<br />obligations under this Agreement;
<br />16.2 Any representation, warranty or statement made by Subrecipient in this Agreement or in
<br />any documents or reports relied upon by MLE to measure the delivery of services, the
<br />expenditure of funds or the performance by Subrecipient is untrue in any material respect
<br />when made;
<br />16.3 Subrecipient (a) applies for or consents to the appointment of, or taking of possession by,
<br />a receiver, custodian, trustee, or liquidator of itself or all of its property, (b) admits in writing
<br />its inability, or is generally unable, to pay its debts as they become due, (c) makes a general
<br />assignment for the benefit of its creditors, (d) is adjudicated a bankrupt or insolvent, (e)
<br />commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in
<br />effect), (f) files a petition seeking to take advantage of any other law relating to bankruptcy,
<br />insolvency, reorganization, winding -up, or composition or adjustment of debts, (g) fails to
<br />controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed
<br />against it in an involuntary case under the Bankruptcy Code, or (h) takes any action for the
<br />purpose of effecting any of the foregoing; or
<br />16.4 A proceeding or case is commenced, without the application or consent of Subrecipient, in
<br />any court of competent jurisdiction, seeking (a) the liquidation, dissolution or winding -up, or
<br />the composition or readjustment of debts of Subrecipient, (b) the appointment of a trustee,
<br />receiver, custodian, liquidator, or the like of Subrecipient or of all or any substantial part of
<br />its assets, or (c) similar relief in respect to Subrecipient under any law relating to
<br />bankruptcy, insolvency, reorganization, winding -up, or composition or adjustment of debts,
<br />and such proceeding or case continues undismissed, or an order, judgment, or decree
<br />approving or ordering any of the foregoing is entered and continues unstayed and in effect
<br />for a period of sixty consecutive days, or an order for relief against Subrecipient is entered
<br />in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).
<br />SECTION 17: INDEMNIFICATION
<br />Subrecipient shall hold harmless, save harmless, indemnify, and defend at the Subrecipient's
<br />expense the State of Washington, Commission, it officers, employees, successors and assigns
<br />against any and all damages and/or losses arising out of Subrecipient's use of, or presence or
<br />activity in, the facilities, including those arising out of the use or operation of equipment or
<br />facilities or as a result of the conduct of Subrecipient's programs, or from the conduct of
<br />Subrecipient's employees or agents, or damages or vandalism to facilities by third -parties,
<br />contracted or participating in Subrecipient's programs, events or activities.
<br />MLE 123-401 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 16 of 35
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