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A.13 DUPLICATION OF BENEFITS
<br /> The SUBRECIPIENT agrees that the mitigation grant funds for which federal or state assistance is
<br /> requested does not, or will not, duplicate benefits or funds received for the same purpose from any
<br /> other source.
<br /> The SUBRECIPIENT will pursue full payment of eligible insurance benefits for properties covered in a
<br /> project under this Agreement. The SUBRECIPIENT will repay any mitigation grant funds that are
<br /> duplicated by other benefits, funds, or insurance proceeds.
<br /> A.14 HAZARDOUS SUBSTANCES
<br /> The SUBRECIPIENT shall inspect and investigate the proposed development/construction site for the
<br /> presence of hazardous substances. The SUBRECIPIENT shall fully disclose to the DEPARTMENT the
<br /> results of its inspection and investigation and all other knowledge the SUBRECIPIENT has as to the
<br /> presence of any hazardous substances at the proposed development/construction project site. The
<br /> SUBRECIPIENT will be responsible for any associated clean-up costs. "Hazardous Substance" is
<br /> defined in RCW 70.105D.020 (10).
<br /> A.15 LEGAL RELATIONS
<br /> It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
<br /> and gives no right to any other party. No joint venture or partnership is formed as a result of this
<br /> Agreement.
<br /> To the extent allowed by law, the SUBRECIPIENT, its successors or assigns, will protect, save and
<br /> hold harmless the DEPARTMENT, the State of Washington, and the United States Government and
<br /> their authorized agents and employees, from all claims, actions, costs, damages or expenses of any
<br /> nature whatsoever by reason of the acts or omissions of the SUBRECIPIENT, its sub-contractors, ,
<br /> assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
<br /> arising out of or in connection with any acts or activities authorized by this Agreement.
<br /> To the extent allowed by law, the SUBRECIPIENT further agrees to defend the DEPARTMENT and the
<br /> State of Washington and their authorized agents and employees in any litigation; including payment of
<br /> any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection
<br /> with acts or activities authorized by this Agreement.
<br /> This obligation shall not include such claims, costs, damages or expenses which may be caused by the
<br /> sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result
<br /> from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUBRECIPIENT, its agents, or
<br /> employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence
<br /> of the SUBRECIPIENT, or SUBRECIPIENT's agents or employees.
<br /> Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency
<br /> Management Agency (FEMA), is an agency of the Federal government, the following shall apply:
<br /> 44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
<br /> exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
<br /> part of a federal agency or an employee of the federal government in carrying out the provisions of the
<br /> Stafford Act.
<br /> A.16 LIMITATION OF AUTHORITY—Authorized Signature
<br /> The signatories to this Agreement represent that they have the authority to bind their respective
<br /> organizations to this Agreement. Only the DEPARTMENT's Authorized Signature representative and
<br /> the Authorized Signature representative of the SUBRECIPIENT or Alternate for the SUBRECIPIENT,
<br /> formally designated in writing, shall have the express, implied, or apparent authority to alter, amend,
<br /> modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification,
<br /> or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing
<br /> and signed by both parties Authorized Signature representatives. Further, only the Authorized
<br /> Signature representative or Alternate for the SUBRECIPIENT shall have signature authority to sign
<br /> reimbursement requests, time extension requests, amendment and modification requests, requests for
<br /> changes to projects or work plans, and other requests, certifications and documents authorized by or
<br /> required under this Agreement.
<br /> 15PDM Page 151 2;7 City of Everett Office of Emergency Management, E17-102
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