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MLE 325-500 – Everett PD Page 13 of 16
<br />Any failure to comply with Subrecipient’s certifications shall constitute a material breach of this
<br />Agreement. Any failure to comply shall entitle MLE to terminate this Agreement, to pursue and recover
<br />any and all damages that arise from the breach and the termination of this Agreement, and to pursue any
<br />or all of the remedies available under this Agreement, at law, or in equity, including but not limited to:
<br />SECTION 26: Persons Not to Benefit
<br />No member of or delegate to Congress, resident commissioner, officer, agent or employee of the United
<br />States of America, member of the Washington Legislative Assembly, elected official of the state of
<br />Washington, or official, agent, or employee of the state of Washington, or elected member, officer, agent, or
<br />employee of any political subdivision, municipality or municipal corporation of the state of Washington shall be
<br />admitted to any share or part of this Agreement or derive any financial benefit that may arise therefrom.
<br />SECTION 27: Nondiscrimination
<br />a. Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor,
<br />shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any
<br />subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with
<br />which Contractor, or subcontractor, has a collective bargaining or other agreement.
<br />b. Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any
<br />Washington state agency investigation regarding any allegation that Contractor, including any subcontractor,
<br />has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3).
<br />c. Default. Notwithstanding any provision to the contrary, Agency may suspend Contractor, including any
<br />subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into
<br />alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will
<br />remain in place until Agency receives notification that Contractor, including any subcontractor, is cooperating
<br />with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in
<br />discrimination identified at RCW 49.60.530(3), Agency may terminate this Contract in whole or in part, and
<br />Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor
<br />or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing
<br />conditions consistent with any court-ordered injunctive relief or settlement agreement.
<br />d. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or
<br />suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract
<br />damages as authorized by law including, but not limited to, any cost difference between the original contract
<br />and the replacement or cover contract and all administrative costs directly related to the replacement contract,
<br />which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Agency shall have the
<br />right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount
<br />for damages Contractor or subcontractor will owe Agency for default under this provision.
<br />SECTION 28: Intended Beneficiaries
<br />MLE and Subrecipient are the only parties to this Agreement and are the only parties entitled to enforce its
<br />terms. Nothing in this Agreement provides, is intended to provide, or may be construed to provide any direct or
<br />indirect benefit or right to third persons unless such third persons are individually identified by name herein and
<br />expressly described as intended beneficiaries of this Agreement.
<br />SECTION 29: Force Majeure
<br />Neither Party is responsible for any failure to perform or any delay in performance of any obligations under this
<br />Agreement caused by fire, civil unrest, labor unrest, natural causes, or war, which is beyond that Party's
<br />reasonable control. Each Party shall, however, make all reasonable efforts to remove or eliminate such cause
<br />of failure to perform or delay in performance and shall, upon the cessation of the cause, diligently pursue
<br />performance of its obligations under this Agreement. MLE may terminate this Agreement upon written notice
<br />to Subrecipient after reasonably determining that the failure or delay will likely prevent successful performance
<br />of this Agreement.
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