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<br /> employees, this indemrt provision shall be valid and enforceat' 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.17 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 and the Authorized
<br /> Signature of the assigned SUBRECIPIENT Agent or Alternate for the SUBRECIPIENT Agent, formally
<br /> designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
<br /> waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
<br /> any clause or condition of this Agreement is not effective or binding unless made in writing and signed
<br /> by both parties Authorized Signature representatives. Further, only the Authorized Signature
<br /> representative or Alternate for the SUBRECIPIENT shall have authority to sign reimbursement
<br /> requests, certification of project completion, time extension requests, amendment and modification
<br /> requests, requests for changes to project status, and other requests, certifications and documents
<br /> authorized by or required under this Agreement.
<br /> A.18 LOSS OR REDUCTION OF FUNDING
<br /> In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
<br /> after the effective date of this Agreement and prior to normal completion or end date, the
<br /> DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate or
<br /> suspend all or part of the Agreement as a "Termination for Cause" without providing the
<br /> SUBRECIPIENT an opportunity to cure. Alternatively, the parties may renegotiate the terms of this
<br /> Agreement under "Amendments and Modifications" to comply with new funding limitations and
<br /> conditions, although the DEPARTMENT has no obligation to do so.
<br /> A.19 NONASSIGNABILITY
<br /> Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
<br /> the SUBRECIPIENT.
<br /> A.20 NONDISCRIMINATION
<br /> The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws,
<br /> regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual
<br /> orientation, religion, national origin, marital status, honorably discharged veteran or military status, or
<br /> disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to
<br /> discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement.
<br /> A.21 NOTICES
<br /> The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable
<br /> local, state and federal laws and shall maintain a record of this compliance.
<br /> A.22 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
<br /> HEALTH ACT (OSHA/WISHA)
<br /> The SUBRECIPIENT represents and warrants that its work place does now or will meet all applicable
<br /> federal and state safety and health regulations that are in effect during the SUBRECIPIENT's
<br /> performance under this Agreement. To the extent allowed by law, the SUBRECIPIENT further agrees
<br /> to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability,
<br /> damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees
<br /> assessed against the DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so comply.
<br /> A.23 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
<br /> The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed
<br /> with funds under this Agreement, and by this grant of funds does not and will not acquire any ownership
<br /> interest or title to such property of the SUBRECIPIENT.
<br /> Public Assistance Grant Agreement Page 14 of 21 City of Everett, D16-640
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