WA ST Parks & Recreation Commission 12/5/2022

29.3.2 Offsetting against any amount owed to Subreci t, and withholding of amounts otherwise due and owing to Subrecipient, in an amount equal to State's setoff right, without penalty; and: 29.3.3 Initiation of an injunctiv Subrecipi and consequen Services and applica The state of Washington may take any and all actions permitted of taxes due to the state of Washington or a political subdiv Subrecipient's compensation under this Agreement or (ii) exercising a right of s Subrecipient's compensation under this Agreement for any amounts that may unpaid to the state of Washington. These remedies are cumulative to the extent the remedies are no pursue any remedy or remedies singly, collectively, successive SECTION 30: INDEPENDENT CONTRACTORS The Parties agree and acknowledge that their relationsh and that Subrecipient is not an officer, employee, or agen SECTION 31: PERSONS NOT TO BENEFIT Y action or proceeding for damages, specific performance, declaratory or MLE may recover any and all damages suffered as the result of ch of this Agreement, including but not limited to direct, damages, costs of cure, and costs incurred in securing replacement tion the t be due and nt, and MLE may or in any order whatsoever. pendent f No member of or delegate to Congress, resident commissioner, officer, agent United States of America, member of the Washington Legislative Assem state of Washington, or official, agent, or employee of the state of Washin officer, agent, or employee of any political subdivision, municipality or municipal state of Washington shall be admitted to any share or part of this Agreement or derive any benefit that may arise therefrom. • SECTION 32: INTENDED BENEFICIARIES MLE and Subr enforce its to provide any individually iden Agreement. SECTION 33: the pient are Nothing ect or i arri s he he ber, the cial ly parties to this Agreement and are the only parties entitled to n this Agreement provides, is intended to provide, or may be construed direct benefit or right to third persons unless such third persons are ed by name herein and expressly described as intended beneficiaries of this E Neither Party is responsible for any failure to perform or any delay in performance of any o under this Agreement caused by fire, civil unrest, labor unrest, natural causes, or war, beyond that Party's reasonable control. Each Party shall, however, make all reasonable remove or eliminate such cause of failure to perform or delay in performance and sha cessation of the cause, diligently pursue performance of its obligations under this Agree may terminate this Agreement upon written notice to Subrecipient after reasonably deter the failure or delay will likely prevent successful performance of this Agreement. MLE tions is fforts to pon the t. MLE ng that (FFA Grant Award) Page 22 of 35