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18 <br />6. AMENDMENTS <br />This Grant Agreement may be amended by mutual agreement of the parties. Such amendments <br />shall not be binding unless they are in writing and signed by personnel authorized to bind each of <br />the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant <br />Agreement shall be deemed to exist or to bind any of the parties hereto. <br />7. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO <br />REFERRED TO AS THE “ADA” 28 CFR PART 35 <br />The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to <br />individuals with disabilities in the areas of employment, public accommodations, state and local <br />government services, and telecommunications. <br />8. ASSIGNMENT <br />Neither this Grant Agreement nor any Claim arising under this Grant Agreement, shall be <br />transferred or assigned by the GRANTEE without prior written consent of COMMERCE. <br />9. ATTORNEYS’ FEES <br />Unless expressly permitted under another provision of the Grant Agreement, in the event of <br />litigation or other action brought to enforce Grant Agreement terms, each party agrees to bear its <br />own attorneys’ fees and costs. <br />10. AUDIT <br />A. General Requirements <br />COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure <br />audit services and provide documentation of the audit to COMMERCE based on the following <br />guidelines. <br />The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall <br />ensure that subgrantees/subcontractors also maintain auditable records. <br />The GRANTEE is responsible for any audit exceptions incurred by its own organization or <br />that of its subgrantees/subcontractors. <br />COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting <br />from the audit. <br />Responses to any unresolved management findings and disallowed or questioned costs shall <br />be included with the audit report. The GRANTEE must respond to COMMERCE requests for <br />information or corrective action concerning audit issues within 30 calendar days of the date of <br />request. <br />B. State Funds Requirements <br />In the event an audit is required, if the GRANTEE is a state or local government entity, the <br />Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be <br />conducted by a qualified certified public accountant. <br />The GRANTEE shall include the above audit requirements in any and all subgrants or <br />subcontracts. <br />Docusign Envelope ID: 9B889CF2-7957-48F2-B06A-301BAAA8C3CA