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25 <br />34. RECAPTURE <br />In the event that the GRANTEE fails to perform this Grant Agreement in accordance with state or <br />federal laws, and/or the provisions of this Grant Agreement, COMMERCE reserves the right to <br />recapture funds in an amount to compensate COMMERCE for the noncompliance (which may <br />include all funds disbursed under the Grant Agreement, along with interest at the rate of the higher <br />of: (i) five percent (5%) per annum, or (ii) the rate of interest of state of Washington general <br />obligation bonds issued on the date most close in time to the effective date in which legislation <br />authorized funding for the subject facility) in addition to any other remedies available at law or in <br />equity. <br />COMMERCE’s ability to recapture or seek remedies shall survive any receipt of a Closeout <br />Certification Form or termination of this Grant Agreement. <br />Repayment by the GRANTEE of funds under this Section shall occur within the time period <br />specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from <br />payments due under this Grant Agreement. <br />35. RECORDS MAINTENANCE <br />The GRANTEE shall maintain books, records, documents, data, and other evidence relating to this <br />Grant Agreement and performance of the services described herein, including, but not limited to, <br />accounting procedures and practices that sufficiently and properly reflect all direct and indirect <br />costs of any nature expended in the performance of this Grant Agreement. <br />GRANTEE shall retain such records for a period of 6 years following the date of final payment. At <br />no additional cost, these records, including materials generated under the Grant Agreement, shall <br />be subject at all reasonable times to inspection, review, or audit by COMMERCE, personnel duly <br />authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so <br />authorized by law, regulation, or agreement. <br />If any litigation, Claim, or audit is started before the expiration of the 6 year period, the records shall <br />be retained until all litigation, Claims, or audit findings involving the records have been resolved. <br />36. REGISTRATION WITH DEPARTMENT OF REVENUE AND SECRETARY OF STATE <br />If required by law, the GRANTEE shall complete registration with the Washington State Department <br />of Revenue and current with all required filings. Nonprofit and for-profit businesses must also be <br />registered with the Washington Secretary of State. <br />37. RIGHT OF INSPECTION <br />At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, <br />or any of its officers, or to any other authorized agent or official of the State of Washington or the <br />federal government, at all reasonable times, in order to monitor and evaluate performance, <br />compliance, and/or quality assurance under this Grant Agreement. At no additional cost, the <br />GRANTEE shall also provide any documents related to this Grant Agreement to COMMERCE upon <br />request to assist COMMERCE in the periodic monitoring of this Grant Agreement. <br />38. SAVINGS <br />In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any <br />way after the effective date of this Grant Agreement and prior to normal completion, COMMERCE <br />may terminate the Grant Agreement under the "Termination for Convenience" clause, without the <br />10 calendar day notice requirement. In lieu of termination, the Grant Agreement may be amended <br />to reflect the new funding limitations and conditions. <br />Docusign Envelope ID: 9B889CF2-7957-48F2-B06A-301BAAA8C3CA