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<br /> 9; CONTRACT MODIFICATIONS
<br /> The Department and the Contractor may, from time to time, request changes in services to be
<br /> performed with the funds. Any such changes that are mutually agreed upon by the Department and the
<br /> Contractor shall be incorporated herein by written amendment to this contract. It is mutually agreed
<br /> and understood that no alteration or variation of the terms of this contract shall be valid unless made in
<br /> writing and signed by the parties hereto, and that any oral understanding or agreements not
<br /> incorporated herein, unless made in writing and signed.by the parties hereto, shall not be binding.
<br /> 10. TERMINATION OF CONTRACT
<br /> a. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
<br /> obligations under this contract or if the Contractor shall violate any of its covenants,
<br /> agreements, or stipulations of this contract, the Department shall thereupon have the right to
<br /> terminate this contract and withhold the remaining allocation if such default or violation is not
<br /> corrected within thirty (30) days after submitting written notice to the Contractor describing such
<br /> default or violation.
<br /> b. Notwithstanding any provisions of this contract, either party may terminate this contract by
<br /> providing written notice of such termination, specifying the effective date thereof, at least thirty
<br /> (30) days prior to such date.
<br /> c. Reimbursement for Contractor services performed, and not otherwise paid for by the
<br /> Department prior to the effective date of such termination, shall be as the Department
<br /> reasonably determines.
<br /> d. The Department may unilaterally terminate all or part of this contract, or may reduce its scope of
<br /> work and budget, if there is a reduction in funds by the source of those funds, and if such funds
<br /> are the basis for this contract.
<br /> 11. CONTRACTOR NOT EMPLOYEE
<br /> The Contractor, and/or employees or agents performing under this contract are not employees or
<br /> agents of the Department in any manner whatsoever. The Contractor will not be presented as nor
<br /> claim to be an officer or employee of the Department or of the State of Washington by reason hereof,
<br /> nor will the Contractor make any claim, demand, or application to or for any right or privilege applicable
<br /> to an officer or employee of the Department or of the State of Washington, including, but not limited to,
<br /> Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
<br /> retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
<br /> under Chapter 41.06 RCW.
<br /> It is understood that if the Contractor is another state department, state agency, state university, state
<br /> college, state community college, state board, or state commission, that the officers and employees are
<br /> employed by the state of Washington in their own right.
<br /> If the Contractor is an individual currently employed by a Washington State agency, the Department
<br /> shall obtain proper approval from the employing agency or institution. A statement of "no conflict of
<br /> interest" shall be submitted to the Department.
<br /> 12. RECORDS, DOCUMENTS, AND REPORTS
<br /> The Contractor shall maintain books, records, documents, and other evidence and accounting
<br /> procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
<br /> expended in the performance of this contract.
<br /> These records shall be subject at all reasonable times to inspection, review, or audit by Department
<br /> personnel and other personnel duly authorized by the Department or the Office of the State Auditor.
<br /> The Contractor will retain all books, records, documents, and other material relevant to this contract for
<br /> six (6) years after the date of grant closure or contract final expiration date, whichever applies to this
<br /> document. The Office of the State Auditor, or any persons duly authorized by the Department shall
<br /> have full access to and the right to examine any of said materials during said period.
<br /> 13. WAIVER OF DEFAULT
<br /> Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach
<br /> of any provision of the contract shall not be deemed to be a waiver of any other or subsequent breach
<br /> and shall not be construed to be a modification of the terms of the contract unless stated to be such in
<br /> writing, signed by the Director and attached to the original contract.
<br /> 14. SUBCONTRACTS
<br /> All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference.
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<br /> E06-022 FFY 05 SHSP Page 6 of 14 Reg 1 Sno. Co DEM—City of Everett
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