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Exhibit B - 17 <br />right to monitor and audit the fiscal components of the organization to ensure that actual <br />expenditures remain consistent with the terms of this Agreement. The Subrecipient shall retain <br />all books, records, documents and other material relevant to the Agreement for three (3) years <br />after settlement of this Agreement. The Subrecipient agrees that the City, the U.S. Department <br />of Housing and Urban Development, the Washington State Auditor, or their designees, shall have <br />full access to and right to examine any of said materials at all reasonable times during said period. <br /> <br />B. The Subrecipient agrees that any contributions or payments made for services furnished under <br />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 to solicit <br />or secure this contract upon an Agreement or understanding for a commission, percentage, <br />brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or <br />selling agency maintained by the Subrecipient for the purpose of securing business. The City of <br />Everett shall have the right, in the event of breach of this clause by the Subrecipient, to annul this <br />Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration <br />or otherwise recover the full amount of such commissioner, percentage, brokerage or contingent <br />fee. <br />XVI. Conflict of Interest <br />A. In the event this Agreement is terminated because it is determined by the City that gratuities in <br />the form of entertainment, gifts, or otherwise offered or given by the Subrecipient, or agent or <br />representative of the Subrecipient, to any officer or employee of the City of Everett, with a view <br />towards securing this Agreement or securing favorable treatment with respect to the awarding <br />or amending or the making of any determinations with respect to this Agreement. <br /> <br />B. The City shall be entitled to pursue the same remedies against Subrecipient as it could pursue in <br />the event of a breach of the Agreement by the Subrecipient. The rights and remedies of the City <br />provided for in this clause shall not be exclusive and are in addition to any other rights and <br />remedies provided by law. <br />XVII. Nonassignability of Claims <br />No claim arising under this Agreement shall be transferred or assigned by the Subrecipient without <br />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, and have <br />others so do, all data delivered under this Agreement. The Subrecipient hereby grants to the City a <br />royalty-free, non-exclusive, and irrevocable license to publish, translate, reproduce, deliver, <br />perform, dispose of, and to authorize others so to do, all data now or hereafter covered by