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9 Grant No.G1000088 <br /> Independent Cleanup Action <br /> Agreement with City of Everett <br /> the option of the DEPARTMENT, shall become Department property and the <br /> RECIPIENT shall be entitled to receive just and equitable compensation for any <br /> satisfactory work completed on such documents and other materials. <br /> Despite the above, the RECIPIENT shall not be relieved of any liability to the <br /> DEPARTMENT for damages sustained by the DEPARTMENT and/or the State <br /> of Washington because of any breach of agreement by the RECIPIENT. The <br /> DEPARTMENT may withhold payments for the purpose of setoff until such time <br /> as the exact amount of damages due the DEPARTMENT from the RECIPIENT is <br /> determined. <br /> 2. Insufficient Funds.The obligation of the DEPARTMENT to make payments is <br /> contingent on the availability of state and federal funds through legislative <br /> appropriation and state allotment. When this agreement crosses over state fiscal <br /> years the obligation of the DEPARTMENT is contingent upon the appropriation <br /> of funds during the next fiscal year. The failure to appropriate or allot such funds <br /> shalt be good cause to terminate this agreement as provided in paragraph K.1 <br /> above. <br /> When this agreement crosses the RECIPIENTS fiscal year, the obligation of the <br /> RECIPIENT to continue or complete the project described herein shall be <br /> contingent upon appropriation of funds by the RECIPIENTS governing body; <br /> Provided,however, that nothing contained herein shall preclude the <br /> DEPARTMENT from demanding repayment of ALL funds paid to the <br /> RECIPIENT in accordance with Section 0 herein. <br /> 3. Failure to Commence Work. In the event the RECIPIENT fails to commence <br /> work on the project funded herein within four months after the effective date of <br /> this agreement, or by any date mutually agreed upon in writing for <br /> commencement of work, the DEPARTMENT reserves the right to terminate this <br /> agreement. <br /> L. WAIVER <br /> Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a <br /> breach of any provision of this agreement is not a waiver of any subsequent breach and <br /> will not be construed as a modification of the terms of this agreement unless stated as <br /> such in writing by the authorized representative of the DEPARTMENT. <br /> M. PROPERTY RIGHTS <br /> 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable <br /> materials or invents any patentable property, the RECIPIENT may copyright or <br /> patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and <br /> irrevocable license to reproduce, publish, recover or otherwise use the material(s) <br /> or property and to authorize others to use the same for federal, state or local <br /> government purposes. <br /> Page31§of 14 <br />