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26 <br />39. SEVERABILITY <br />The provisions of this Grant Agreement are intended to be severable. If any term or provision is <br />illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of <br />the remainder of the Grant Agreement. <br />40. SITE SECURITY <br />While on COMMERCE premises, GRANTEE, its agents, employees, and/or <br />subgrantees/subcontractors shall conform in all respects with physical, fire, and other security <br />policies or regulations. <br />41. SUBGRANTING/SUBCONTRACTING <br />A. GRANTEE must execute binding agreements with all subgrantees/subcontractors that will <br />perform work under this Grant Agreement. <br />B. GRANTEE must ensure that any and all subgrantees/subcontractors that perform work <br />related to this Project are duly authorized and licensed in Washington State to perform the <br />work contemplated by this Grant Agreement. <br />C. Neither the GRANTEE nor any subgrantee/subcontractor shall enter into <br />subgrants/subcontracts for any of the work associated with the Project contemplated under <br />this Grant Agreement without obtaining prior written approval of COMMERCE. In no event <br />shall the existence of the subgrant/subcontract operate to release or reduce the liability of the <br />GRANTEE to COMMERCE for any breach in the performance of the GRANTEE’s duties. <br />This clause does not include grants of employment between the GRANTEE and personnel <br />assigned to perform work associated with the Project under this Grant Agreement. <br />D. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, <br />assurances, and certifications set forth in this Grant Agreement are carried forward to any <br />subgrants/subcontracts. Every subgrant/subcontract shall include a term that COMMERCE <br />and the State of Washington are not liable for Claims or damages arising from a <br />subgrantee’s/subcontractor’s performance of the subgrant/subcontract. GRANTEE and its <br />subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise <br />make known to unauthorized persons personal information without the express written <br />consent of COMMERCE or as provided by law. <br />E. Data Collection - GRANTEE will submit reports, in a form and format to be provided by <br />COMMERCE and at intervals as agreed by the parties, regarding work under this Grant <br />Agreement performed by subgrantees/subcontractors and the portion of grant funds <br />expended for work performed by subgrantees/subcontractors, including, but not necessarily <br />limited to, minority-owned, woman-owned, and veteran-owned business <br />subcontractors. “Subgrantees/subcontractors” shall mean subgrantees/subcontractors of any <br />tier. <br />42. SURVIVAL <br />The terms, conditions, and warranties contained in this Grant Agreement that by their sense and <br />context are intended to survive the completion of the performance, cancellation, or termination of <br />this Grant Agreement shall so survive including, without limitation, any Recapture provision in this <br />Grant Agreement. <br />43. TAXES <br />All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s <br />income or gross receipts, and/or any other taxes, insurance, or expenses for the GRANTEE or its <br />staff shall be the sole responsibility of the GRANTEE. <br />Docusign Envelope ID: 9B889CF2-7957-48F2-B06A-301BAAA8C3CA