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<br />________________________________________________________________________________________________________ Page 14 of 25 <br /> <br />D. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Agreement <br />termination or suspension for engaging in discrimination, GRANTEE, subcontractor, or both, shall <br />be liable for contract damages as authorized by law including, but not limited to, any cost difference <br />between the original Grant and the replacement or cover Grant and all administrative costs directly <br />related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff <br />time , which damages are distinct from any penalties imposed under Chapter 49.60, RCW. <br />GRANTEE may also be required to repay grant funds pursuant to Section 25 (Recapture) of the <br />General Terms & Conditions if the Agreement is terminated based on a violation of the <br />nondiscrimination requirement. COMMERCE shall have the right to deduct from any monies due to <br />GRANTEE or subcontractor, or that thereafter become due, an amount for damages GRANTEE or <br />subcontractor will owe COMMERCE for default under this provision. <br />22. PAY EQUITY <br />The Grantee agrees to ensure that “similarly employed” individuals in its workforce are compensated <br />as equals, consistent with the following: <br />A. Employees are “similarly employed” if the individuals work for the same employer, the <br />performance of the job requires comparable skill, effort, and responsibility, and the jobs are <br />performed under similar working conditions. Job titles alone are not determinative of whether <br />employees are similarly employed; <br /> <br />B. Grantee may allow differentials in compensation for its workers if the differentials are based in <br />good faith and on any of the following: <br /> <br />i. A seniority system; a merit system; a system that measures earnings by quantity or quality <br />of production; a bona fide job-related factor or factors; or a bona fide regional difference <br />in compensation levels. <br /> <br />ii. A bona fide job-related factor or factors may include, but not be limited to, education, <br />training, or experience that is: Consistent with business necessity; not based on or derived <br />from a gender-based differential; and accounts for the entire differential. <br /> <br />iii. A bona fide regional difference in compensation level must be: Consistent with business <br />necessity; not based on or derived from a gender-based differential; and account for the <br />entire differential. <br />This Grant may be terminated by the Department, if the Department or the Department of Enterprise <br />Services determines that the Grantee is not in compliance with this provision. <br />23. POLITICAL ACTIVITIES <br />Political activity of Grantee’s employees and officers are limited by the State Campaign Finances and <br />Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. <br />No funds may be used for working for or against ballot measures or for or against the candidacy of <br />any person for public office. <br />24. PUBLICITY <br />The Grantee agrees not to publish or use any advertising or publicity materials in which the state of <br />Washington or COMMERCE’s name is mentioned, or language used from which the connection with <br />the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the <br />prior written consent of COMMERCE. <br />25. RECAPTURE <br />In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, <br />and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount