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<br />________________________________________________________________________________________________________ <br /> Page 6 of 14 <br /> <br />COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until <br />acceptance by COMMERCE of the final report (or completion of the project, etc.). <br /> <br />Line Item Modification of Budget <br />A. Notwithstanding any other provision of this contract, the Contractor may, at its discretion, make <br />modifications to line items in the Budget (Attachment B) that will not increase the line item by <br />more than fifteen percent (15%). <br />B. The Contractor shall notify COMMERCE in writing (by email or regular mail) when proposing <br />any budget modification or modifications to a line item of the Budget (Attachment B) that would <br />increase the line item by more than fifteen percent (15%). Conversely, COMMERCE may <br />initiate the budget modification approval process if presented with a request for payment under <br />this contract that would cause one or more budget line items to exceed the 15 percent (15%) <br />threshold increase described above. <br />C. Any such budget modification or modifications as described above shall require the written <br />approval of COMMERCE (by email or regular mail), and such written approval shall amend the <br />Budget. Each party to this contract will retain and make any and all documents related to such <br />budget modifications a part of their respective contract file. <br />D. Nothing in this section shall be construed to permit an increase in the amount of funds available <br />for the Project, as set forth in Section 3 of this contract, nor does this section allow any <br />proposed changes to the Scope of Work, including Tasks/Work Items and Deliverables under <br />Attachment A, without specific written approval from COMMERCE by amendment to this <br />contract. <br /> <br />5. SUBCONTRACTOR DATA COLLECTION <br />Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as <br />agreed by the parties, regarding work under this Contract performed by subcontractors and the portion <br />of Contract funds expended for work performed by subcontractors, including but not necessarily <br />limited to minority-owned, woman-owned, and veteran-owned business subcontractors. <br />“Subcontractors” shall mean subcontractors of any tier. <br /> <br />6. INSURANCE <br />Each party certifies that it is self-insured under the State's or local government self-insurance liability <br />program, and shall be responsible for losses for which it is found liable. <br /> <br />7. FRAUD AND OTHER LOSS REPORTING <br />Contractor shall report in writing all known or suspected fraud or other loss of any funds or other <br />property furnished under this Contract immediately or as soon as practicable to the Commerce <br />Representative identified on the Face Sheet. <br />8. ORDER OF PRECEDENCE <br />In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving <br />precedence in the following order: <br /> Applicable federal and state of Washington statutes and regulations <br /> Special Terms and Conditions <br /> General Terms and Conditions <br /> Attachment A – Scope of Work <br /> Attachment B – Budget <br /> <br />DocuSign Envelope ID: FA600D97-8F93-4AEC-98B4-4BB68CBA22E1