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volunteers, each party's liability hereunder shall only be to the extent of that party's <br /> negligence. <br /> COMMERCE and the State of Washington are not liable for damage or claims for damages <br /> arising from performance or activities under this Agreement by the COUNTY or its <br /> subcontractors. <br /> SECTION 9. Compliance with the Law. <br /> The MUNICIPALITY and the COUNTY shall comply with all applicable federal, state and local <br /> laws in performing this Agreement. <br /> SECTION 10. Noncompliance Provision. <br /> In the event that the State of Washington determines, and after written notification to the <br /> MUNICIPALITY,that the COUNTY has failed to expend the Grant Funds in accordance with <br /> all applicable laws, and requests the MUNICIPALITY's assistance in resolving the matter, <br /> the MUNICIPALITY reserves the right to withhold further disbursements to the COUNTY <br /> until the State of Washington notifies the MUNICIPALITY that disbursements may be <br /> resumed. In the event that it is subsequently determined that the COUNTY expended its <br /> funds in accordance with all applicable laws,the MUNICIPALITY shall reimburse the <br /> COUNTY for all disbursements withheld during the time that the State of Washington <br /> directed the MUNICIPALITY to withhold any moneys. <br /> SECTION 11. Exercise of Rights or Remedies. <br /> Failure of either party to exercise any rights or remedies under this Agreement shall not be <br /> a waiver of any obligation by either party and shall not prevent either party from pursuing <br /> that right at any future time. <br /> SECTION 12. Severability. <br /> Should any clause, phrase, sentence or paragraph of this Agreement be declared invalid or <br /> void by a court of competent jurisdiction,the remaining provisions of this Agreement not <br /> so declared shall remain in full force and effect. <br /> SECTION 13. Review of Records. <br /> Both parties shall have the right to review the other party's records with regard to the <br /> subject matter of this Agreement, upon reasonable notice. Such rights last for six (6) years <br /> from the date final payment is made hereunder. <br /> Page 5 of 9 Everett/County 2010 EETP Grant Interlocal Agreement <br /> 10 <br />