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2 CONTRACT NO.C06-63200-271 <br /> SECTION 10 -RECAPTURE PROVISIONS <br /> In the event that the GRANTEE fails to expend funds under this CONTRACT in accordance with state laws and/or the <br /> provisions of this CONTRACT,the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to <br /> the extent of the noncompliance. <br /> Such right of recapture shall exist for a period not to exceed six years following CONTRACT termination. Repayment by <br /> the GRANTEE of funds under this recapture provision shall occur within 30 days of demand. In the event that the <br /> DEPARTMENT is required to institute legal proceedings to enforce the recapture provision,the DEPARTMENT shall be <br /> entitled to its costs thereof, including reasonable attorney's fees. <br /> SECTION 11 - CONTRACT AMENDMENTS <br /> A. The DEPARTMENT or the GRANTEE may request changes to the CONTRACT or its provisions. It is agreed <br /> and understood that no material or substantive alteration or variation of the terms of this CONTRACT shall be <br /> valid unless made in writing and signed by both parties. Any oral understanding or agreements shall not be <br /> binding unless made in writing and signed by both parties. <br /> B. CONTRACT amendments shall not be made which result in an extension of the CONTRACT period beyond <br /> June 30, 2007. <br /> SECTION 12 -NONDISCRIMINATION CLAUSE <br /> During the performance of this CONTRACT, the GRANTEE shall comply with all federal and state nondiscrimination <br /> laws, including, but not limited to chapter 49.60 RCW. Washington's Law Against Discrimination, and 42,U.S.C. 12101 <br /> et seq., the Americans with Disabilities Act(ADA). <br /> In the event of the GRANTEE's noncompliance or refusal to comply with any nondiscrimination law,regulation, or <br /> policy, this CONTRACT may be rescinded,canceled, or terminated in whole or in part, and the GRANTEE may be <br /> declared ineligible for further CONTRACTS with the DEPARTMENT. The GRANTEE shall, however,be given a <br /> reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with Section 20. <br /> SECTION 13 - TERMINATION OF CONTRACT <br /> A. If, through any cause, the GRANTEE shall fail to fulfill its obligations under this CONTRACT in a timely and <br /> proper manner; or if the GRANTEE shall violate any of its covenants, agreements, or stipulations;the <br /> DEPARTMENT shall have the right to terminate this CONTRACT. The DEPARTMENT may withhold the <br /> balance of state funding if such default or violation is not corrected within twenty(20) days after the <br /> DEPARTMENT submits written notice to the GRANTEE describing such default or violation. <br /> B. Notwithstanding any provisions of this CONTRACT, either party may terminate this CONTRACT by providing <br /> written notice of such termination, specifying the effective date thereof, at least thirty(30)days prior to such date. <br /> C. Reimbursement for GRANTEE work performed, and not otherwise paid for by the DEPARTMENT prior to the <br /> effective date of such terminations, shall be as the DEPARTMENT reasonably determines. <br /> Page 4 of 10 252 <br />