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GENERAL TERMS AND CONDITIONS 4 <br /> GENERAL GRANT <br /> FEDERAL FUNDS <br /> fundamental purpose of this.Grant and to this end the provisions of this Grant are declared to be <br /> severable. <br /> 36. SUBGRANTING <br /> The Grantee may only subgrant work contemplated under this Grant if it obtains the prior written <br /> approval of COMMERCE. <br /> If COMMERCE approves subgranting, the Grantee shall maintain written procedures related to <br /> subgranting, as well as copies of all subgrants and records related to subgrants. For cause, <br /> COMMERCE in writing may: (a)require the Grantee to amend its subgranting procedures as they <br /> relate to this Grant; (b) prohibit the Grantee from subgranting with a particular person or entity;or(c) <br /> require the Grantee to rescind or amend a subgrant. <br /> Every subgrant shall bind the Subgrantee to follow all applicable terms of this Grant.The Grantee is <br /> responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of <br /> this Grant.The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal <br /> conditions of this Grant. In no event shall the existence of a subgrant operate to release or reduce the <br /> liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. <br /> Every subgrant shall include a term that COMMERCE and the State of Washington are not liable for <br /> claims or damages arising from a Subgrantee's performance of the subgrant. <br /> 37. SURVIVAL <br /> The terms, conditions, and warranties contained in this Grant that by their sense and context are <br /> intended to survive the completion of the performance, cancellation or termination of this Grant shall <br /> so survive. <br /> 38. TAXES <br /> All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income <br /> or gross receipts,any other taxes, insurance or expenses for the Grantee or its staff shall be the sole <br /> responsibility of the Grantee. <br /> 39. TERMINATION FOR CAUSE/SUSPENSION <br /> In event COMMERCE determines that the Grantee failed to comply with any term or condition of this <br /> Grant, COMMERCE may terminate the Grant in whole or in part upon written notice to the Grantee. <br /> Such termination shall be deemed"for cause." Termination shall take effect on the date specified in <br /> the notice_ <br /> In the alternative, COMMERCE upon written notice may allow the Grantee a specific period of time in <br /> which to correct the non-compliance. During the corrective-action time period, COMMERCE may <br /> suspend further payment to the Grantee in whole or in part,or may restrict the Grantee's right to <br /> perform duties under this Grant. Failure by the Grantee to take timely corrective action shall allow <br /> COMMERCE to terminate the Grant upon written notice to the Grantee. <br /> "Termination for Cause" shall be deemed a"Termination for Convenience" when COMMERCE <br /> determines that the Grantee did not fail to comply with the terms of the Grant or when COMMERCE <br /> determines the failure was not caused by the Grantee's actions or negligence. <br /> If the Grant is terminated for cause, the Grantee shall be liable for damages as authorized by law, <br /> including, but not limited to, any cost difference between the original Grant and the replacement <br /> Grant, as well as all costs associated with entering into the replacement Grant(i.e.,competitive <br /> bidding, mailing, advertising, and staff time). <br /> • <br /> Governmental - VAWA 17 <br /> 67 <br />