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16 <br />22. FRAUD AND OTHER LOSS REPORTING <br />GRANTEE shall report in writing all known or suspected fraud or other loss of any funds or other <br />property furnished under this Grant Agreement immediately or as soon as practicable to the <br />COMMERCE Representative identified on the Face Sheet. <br />23. PUBLIC RECORDS ACT <br />Notwithstanding General Terms and Conditions Section 13 (Confidentiality/Safeguarding of <br />Information), COMMERCE is a public agency subject to the Public Records Act, RCW 42.56 (PRA). <br />Under the PRA, all materials relating to the conduct of government or the performance of any <br />governmental or proprietary function prepared, owned, used, or retained by COMMERCE or its <br />functional equivalents are considered public records. The PRA requires that public records <br />responsive to a public records request be promptly produced unless the PRA or an “other statute” <br />exempts such records from production. This Grant Agreement is not intended to alter COMMERCE’s <br />obligations under the PRA. The parties agree that if COMMERCE receives a public records request <br />for files that may include confidential information under General Terms and Conditions Section 13 <br />(Confidentiality/Safeguarding of Information), COMMERCE may notify the other party of the request <br />and of the date that the records will be released to the requester unless GRANTEE obtains a court <br />order enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure, <br />COMMERCE may release the requested information on the date specified. If the GRANTEE obtains <br />a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA, <br />COMMERCE shall maintain the confidentiality of the information per the court order. <br />24. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING <br />DESIGN WORK <br />General Terms and Conditions Section 16 (Copyright Provisions) are not intended to apply to any <br />architectural and engineering design work funded by this Grant Agreement. <br />25. TREATMENT OF ASSETS <br />Title to all property furnished by COMMERCE shall remain in COMMERCE. General Terms and <br />Conditions Section 47 (Treatment of Assets) is superseded by this provision. <br />Docusign Envelope ID: 9B889CF2-7957-48F2-B06A-301BAAA8C3CA