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<br /> , 13. LIMITATION OF AUTHORITY--"Authorized Signature"
<br /> Only the assigned Authorized Signature for the Department or the assigned delegate by writing
<br /> (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter,
<br /> amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration,
<br /> amendment, modification, or waiver of any clause or condition of this contract is not effective or binding
<br /> unless made in writing and signed by the authorized person.
<br /> 14. 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, privilege or benefit
<br /> applicable to an officer or employee of the Department or of the State of Washington, including, but not
<br /> limited to, Worker's Compensation coverage, unemployment insurance benefits, social security
<br /> benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service
<br /> employee 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 /> 15. NONASSIGNABILITY
<br /> Neither this contract, nor any claim arising under this contract, nor the work to be provided under this
<br /> contract, and any claim arising thereunder, shall be assigned or delegated by either party in whole or in
<br /> part, without the express prior written consent of the other party. Consent shall not be unreasonably
<br /> withheld.
<br /> 16. SUBCONTRACTING
<br /> All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference.
<br /> Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work
<br /> contemplated under this contract without obtaining prior written approval of the Department. Contractor
<br /> shall use a competitive process in award of any contracts with subcontractors that are entered into after
<br /> original contract award. The Military Department may request a copy of any and/or all subcontracts for
<br /> work being completed under this contract.
<br /> 17. CONTRACT MODIFICATIONS
<br /> The Department and the Contractor may, from time to time, request changes to the contract or grant.
<br /> Any such changes that are mutually agreed upon by the Department and the Contractor shall be
<br /> incorporated herein by written amendment to this contract. It is mutually agreed and understood that
<br /> no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by
<br /> the parties hereto, and that any oral understanding or agreements not incorporated herein, unless
<br /> made in writing and signed by the parties hereto, shall not be binding.
<br /> 18. SEVERABILITY
<br /> In the event any term or condition of this contract or application thereof to any person or circumstances
<br /> is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract,
<br /> which can be given effect without the invalid term, condition, or application. To this end, the terms and
<br /> conditions of this contract are declared severable.
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<br /> DHS-EMPG-FFY 07 Page 9 of 37 City of Everett Emergency Management
<br /> E07-344
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