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• <br /> • <br /> 4. NONDISCRIMINATION: : .During the performance of:this Contract, the Contractor shall comply g <br /> • • with all federal and State nondiscrimination laws, regulations and policies. to the event-of the <br /> Contractor's noncompliance or refusal to comply with any nondiscrimination law,regulation,or <br /> policy, this Contract may berescinded,canceled or terminated.in whole or in part, and the <br /> Contractor may be declared ineligible for further contracts with the WDFW. <br /> 5. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS: In fhe event of the Contractor's <br /> noncompliance or refusal to comply with any_nondiscrimination law,•regulation,or policy this • _ <br /> •contract may be rescinded,canceled or terminated in whole or in part, and the Contractor may be <br /> declared ineligible for further contracts with WDFW. The Contractor shall; however, be given a• ' <br /> reasonable tine in which to cure this noncompliance. Any dispute may be resolved in accordance <br /> with.the."Disputes" procedure set forth herein. <br /> • 6. REIMBURSEMENT: Requests for reimbursement must be in accordance with the contract. These <br /> requests must be submitted and,approved by the WDFW Program Manager andlor their successor <br /> or such other person as designated by the Program Assistant Director. Reimbursement to the <br /> Contractor for approved.invoices shall be made by WDFW.within thirty(30)days upon receipt of <br /> invoice. WDFW may,at its sole discretion; terminate the contract or withhold'reimbursement <br /> Claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with <br /> any term or condition of this contract. <br /> Contractor wilibe notified in writing by WDFW if any.disbursements are withheld. Notification'shall <br /> include the stepsnecessary for the Contractor to take(if any) to allow WDFW to disburse the <br /> Withheld reimbursement. <br /> 7. RETAINAGE WDFW may retain a percentage of the total contract amount from payments to <br /> Contractor: Any percentages or amounts to be retained shall be clearly identified in the Contract. <br /> The retained amount, if any, will'be'.disbursed to the Contractor only upon completion and <br /> acceptance of the services to be'rendered inaccordance With the terms.and conditions of this <br /> contract.. <br /> 8: ADVANCED PAYMENTS PROHIBITED: No payments in advance or in anticipation of services or - <br /> supplies to be provided underthis contract shall be made by WDFW with state funding. • <br /> 9: . RECOVERY OF PAYMENTS TO CONTRACTOR AND INTEREST RATE: The-right of the <br /> • Contractor to retain monies paid_es reimbursement payments is contingent upon satisfactory <br /> performance of this contract including thesatisfactory completion of the services to be.rendered as <br /> described in the Scope of Work.. In the event the_Contractorfails, for any reason, to perform <br /> obligations required by this contract,the Contractor may, at WDFW's sole discretion, be required to <br /> repay WDFW all monies disbursed to the Contractor for those parts of the project that are rendered <br /> ineffectual, in the opinion of WDFW by such failure to perform. Interest shall accrue at the rate of <br /> twelvepercent(12%) per annum from the time WDFW demands repayment of funds.. <br /> 10. :AUDIT DISCREPANCIES: If any audit identifies discrepancies in the financial records,.the <br /> Contractor shall provide clarification and/or make adjustments accordingly. Amounts that have - <br /> been.paid to the Contractor in violation of the terms of this contract shall be promptly refunded to <br /> WDFW. • <br /> Revised 10/25/06 Page 2 of 15 - <br /> 115 <br />