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301 Union Street #21308 | Seattle, WA 98111
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<br />consequential, punitive or exemplary damages under this agreement. Each Party’s
<br />liability to the other shall be limited to the amount of insurance carried by the party that
<br />may be applicable to such claims as may arise or to the fees paid for the past twelve
<br />months under the agreement, whichever shall be greater. Nothing in this limitation shall
<br />be construed to imply any limitation of liability with respect to any third party who may
<br />make a direct claim against either Party.
<br />c) This Limitation of Liability clause is subject to Donee’s state and local laws and
<br />regulations. As such, this clause may be limited or otherwise void in certain jurisdictions.
<br />In the event Donee is a governmental organization or agency, its regulatory requirements
<br />and or limitations shall apply.
<br />4. Donee Representations and Warranties
<br />a) Donee represents and warrants that it is a registered nonprofit organization compliant with the laws
<br />and regulations of its governing jurisdiction of formation, a governmental organization or agency
<br />representing a public jurisdiction, or an otherwise qualified recipient of approved to receive Grants
<br />by GGC, and that it will maintain good standing with such status.
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<br />b) Donee represents and warrants that it will, at all times, comply with all applicable federal, state, and
<br />local laws, rules, regulations and ordinances, including but not limited to those relating to the
<br />boarding, care, treatment, transportation and use of animals.
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<br />c) Donee shall not discriminate in the selection, treatment, and or distribution of program donations to
<br />others, as permitted by the terms of the Grant, based on race, color, religion, sex (including
<br />pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and
<br />genetic information (including family medical history).
<br />d) As applicable to any Grant use(s), Donee represents and warrants that it provides i) the highest
<br />standard of humane boarding, care, treatment, transportation, and use of animals and reasonably
<br />verifies that all persons participating in its program provide similar humane care and treatment, and
<br />or ii) the highest standard of human services care, treatment, transportation, and interaction and
<br />reasonably verifies that all persons participating in its program provide similar care and treatment of
<br />those served.
<br />e) Donee agrees to keep accurate electronic books of account and records covering all transactions
<br />relating to Donee's performance under this Agreement. Such books and records shall be kept and
<br />maintained by Donee for a period of at least five (5) years from the dates of relevant transactions.
<br />GGC and/or a duly authorized representative of GGC shall have the right, during normal business
<br />hours, to access distribution records maintained in Donee’s application database or elsewhere and
<br />to audit Donee with respect to the Grant and use thereof and to make copies and extracts thereof.
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<br />5. No Representations or Warranties Regarding Products
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<br />a) Donee understands and agrees that in-kind Grant products are transferred to Donee "WHERE IS
<br />AND AS IS". GGC makes no warranty or guarantee of any kind with respect to in-kind Grant
<br />products and DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT
<br />LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
<br />Donee (for itself, its legal representatives, successors and assigns),does hereby release and
<br />forever discharge and agree to indemnify and save harmless GGC (including but not limited to, its
<br />parent company, affiliates, subsidiaries, agents, servants, employees, officers, directors and
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