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<br /> acceptance of any performance during such breach, shall not constitute a waiver of any right under this
<br /> Grant Agreement.
<br /> A.4 AMENDMENTS AND MODIFICATIONS
<br /> The APPLICANT or the DEPARTMENT may request, in writing, an amendment or modification of this
<br /> Grant Agreement. However, such amendment or modification shall not take effect until approved, in
<br /> writing, by the DEPARTMENT and the APPLICANT.
<br /> A.5 TERMINATION AND OTHER REMEDIES
<br /> a. If, through any cause, the APPLICANT shall fail to fulfill in a timely and proper manner its
<br /> obligations under this Grant Agreement or if the APPLICANT shall violate any of its covenants,
<br /> agreements, or stipulations of this Grant Agreement, the DEPARTMENT shall thereupon have the
<br /> right to terminate this Grant Agreement and withhold the remaining allocation if such default or
<br /> violation is not corrected within thirty (30) days after submitting written notice to the APPLICANT
<br /> describing such default or violation.
<br /> b. Notwithstanding any provisions of this Grant Agreement, either party may terminate this Grant
<br /> Agreement by providing written notice of such termination, specifying the effective date thereof, at
<br /> least thirty (30) days prior to such date.
<br /> c. Reimbursement for APPLICANT 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 Grant Agreement, or may reduce its
<br /> scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
<br /> funds are the basis for this Grant Agreement.
<br /> A.6 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
<br /> The APPLICANT and all its contractors shall comply with, and the DEPARTMENT is not responsible for
<br /> determining compliance with, any and all applicable federal, state, and local laws, regulations,
<br /> executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to:
<br /> nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
<br /> the Americans with Disabilities Act (ADA), the Robert T. Stafford Disaster Relief and Emergency
<br /> Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against
<br /> Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on
<br /> Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act
<br /> of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW
<br /> 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and
<br /> health regulations.
<br /> A.7 LEGAL RELATIONS
<br /> It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant
<br /> Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of
<br /> this Grant Agreement.
<br /> To the extent allowed by law, the APPLICANT, its successors or assigns, will protect, save and hold
<br /> harmless the DEPARTMENT, the State of Washington, and the United States Government and their
<br /> authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
<br /> whatsoever by reason of the acts or omissions of the APPLICANT, its subcontractors, assigns, agents,
<br /> contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in
<br /> connection with any acts or activities authorized by this Grant Agreement.
<br /> To the extent allowed by law, the APPLICANT 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 Grant 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 APPLICANT, its agents, or
<br /> employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence
<br /> of the APPLICANT, or APPLICANT's agents or employees. I ,5
<br /> Public Assistance Grant Agreement-2/09 Page 6 of 15 City of Everett
<br /> D09-384
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