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DHS-FEMA-FWC-FY26 CITY OF EVERETT, FWCGP-3 <br />43 <br /> <br />Category 2: Sensitive information <br />Category 2: For official use only / disclosure permissible by law. <br />Article 58 Non-Applicability of Specific Terms and Agreement Articles Pursuant to City of Chicago et al. <br />v. Noem, et al. <br />Pursuant to the preliminary injunction order issued on November 21, 2025, in City of Chicago <br />et al. v. Noem, et al., No. 25-CV-12765 (N.D. Ill.), the following terms and conditions do not <br />apply to awards or subawards issued to any of the plaintiffs subject to the preliminary <br />injunction order while the order remains in effect: (1) Section C.XVII of the DHS Standard <br />Terms and Conditions titled "Anti-Discrimination" and the Agreement Article titled “Anti- <br />Discrimination” in this award package; and (2) Section <br />C.XXXI of the DHS Standard Terms and Conditions titled "Presidential Executive Orders" and <br />the Agreement Article titled “Presidential Executive Orders” in this award package. If the <br />preliminary injunction is stayed, vacated, or extinguished, Section C.XVII of the DHS Standard <br />Terms and Conditions titled "Anti-Discrimination", the “Anti-Discrimination” Agreement <br />Article, Section C.XXXI of the DHS Standard Terms and Conditions titled "Presidential Executive <br />Orders," and the Agreement Article titled “Presidential Executive Orders” will immediately <br />become effective. As stated in the <br />Agreement Article titled “Non-Applicability of Specific Agreement Articles, Paragraph <br />2(a)(iii) of the “Anti-Discrimination” Agreement Article and Paragraph 2(a)(iii) of Section C.XVII <br />of the DHS Standard Terms and Conditions will not apply even if the preliminary injunction is <br />stayed, vacated, or extinguished. <br /> <br />Article 59 <br />Non-Applicability of Specific Terms and Agreement Articles Pursuant to City of Seattle v. <br />Trump, et al. <br />Pursuant to the preliminary injunction order issued on October 31, 2025, in City of Seattle v. <br />Trump, et al., No. 2:25-cv-01435-BJR (W.D. Wa.), the following terms and conditions do not <br />apply to awards or subawards issued to any of the plaintiffs subject to the preliminary <br />injunction order while the order remains in effect: Section C.XVII of the DHS Standard Terms <br />and Conditions titled "Anti-Discrimination" and the <br />Agreement Article titled “Anti-Discrimination” in this award package. If the preliminary <br />injunction is stayed, vacated, or extinguished, Section C.XVII of the DHS Standard Terms and <br />Conditions titled "Anti-Discrimination" and the “Anti-Discrimination” <br />Agreement Article will immediately become effective. As stated in the Agreement Article <br />titled “Non-Applicability of Specific Agreement Articles, Paragraph 2(a)(iii) of the “Anti- <br />Discrimination” Agreement Article and Paragraph 2(a)(iii) of Section C.XVII of the DHS <br />Standard Terms and Conditions will not apply even if the preliminary injunction is stayed, <br />vacated, or extinguished. <br />Docusign Envelope ID: C48F4E16-A9AD-8FF3-80DC-5F70DCFC05F2