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Alternative Response Team Grant Grantee Funding Agreement
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<br />17. Indemnification. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless
<br />AWC and all officials, agents, and employees of AWC, from and against all claims for injuries or death
<br />arising out of or resulting from the performance of this Grant. “Claim” as used in this Grant, means any
<br />financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees,
<br />attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property
<br />including loss of use resulting therefrom. Additionally, ‘”claims” shall include but not be limited to,
<br />assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction
<br />or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent,
<br />trademark, trade name, or otherwise results in an unfair trade practice or in unlawful restraint of
<br />competition. Grantee’s obligation to indemnify, defend and hold harmless includes any claim by Grantee’s
<br />agents, employees, representatives, or any subcontractor or its employees.
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<br />Grantee expressly agrees to indemnify, defend, and hold harmless AWC for any and all claims, costs,
<br />charges, penalties, demands, losses, liabilities, damages, judgments, or fines out of or incident to
<br />Grantee’s or its agent’s performance or failure to perform the Grant. Grantee’s obligation to indemnify,
<br />defend, or hold harmless AWC shall not be eliminated or reduced by any actual or alleged concurrent
<br />negligence by AWC, or their agents, employees, or officials.
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<br />Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold
<br />harmless AWC, and their agents, employees, or officials.
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<br />18. Independent capacity of the grantee. The parties intend that an independent Grantee relationship will be
<br />created by this Grant. The Grantee and his/her employees or agents performing under this Grant are not
<br />employees or agents of AWC. The Grantee will not hold itself out as nor claim to be an officer or employee
<br />of AWC, nor will the Grantee make any claim or right, privilege, or benefit which would accrue to such
<br />employee under law. Conduct and control of the work will be solely with the Grantee.
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<br />19. Licensing and accreditation standards. The Grantee shall comply with all applicable local, state, and
<br />federal licensing, accreditation and registration requirements/standards, necessary to the performance of
<br />this Grant.
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<br />20. Limitation of authority. Only AWC or AWC’s delegate by writing (delegation to be made prior to action)
<br />shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or
<br />condition of this Grant. Furthermore, any alteration, amendment, modification, or waiver or any clause or
<br />condition of this Grant is not effective or binding unless made in writing and signed by AWC.
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<br />21. Non-discrimination. The Grantee shall comply with all the federal and state non-discrimination laws,
<br />regulations and policies, which are otherwise applicable to AWC. Accordingly, no person shall, on the
<br />ground of sex, race, creed, religion, color, national origin, marital status, families with children, age, veteran
<br />or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained
<br />dog guide or service animal, be unlawfully excluded from participation in, be denied the benefits of, or be
<br />otherwise subjected to discrimination under any activity performed by the Grantee and its agents under this
<br />Grant. The Grantee shall notify AWC immediately of any allegations, claims, disputes, or challenges made
<br />against it under non-discrimination laws, regulations, or policies, or under the Americans with Disabilities
<br />Act. In the event of the Grantee’s noncompliance or refusal to comply with this nondiscrimination provision,
<br />this Grant may be rescinded, cancelled or terminated in whole or part, and the Grantee may be declared
<br />ineligible for further contracts with AWC.
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<br />22. Overpayments. Grantee shall refund to AWC the full amount of any overpayment under this Grant within
<br />thirty (30) calendar days of written notice. If Grantee fails to make a prompt refund, AWC may charge
<br />Grantee one percent (1%) per month on the amount due until paid in full.
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<br />23. Public disclosure. Grantee acknowledges that AWC is subject to the Washington State Public Records
<br />Act, Chapter 42.56 RCW, and AWC acknowledges that the Grantee is subject to the Washington State
<br />Public Records Act, Chapter 42.56 RCW, and that this Grant shall be a public record as defined in RCW
<br />42.56. Any specific information that is claimed by either party to be confidential or proprietary must be
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