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<br /> consultants, licensees, invitees, employees or any person whomsoever arising out of or
<br /> in connection with any acts or activities authorized by this Grant Agreement.
<br /> To the extent allowed by law, the SUB-GRANTEE further agrees to defend the
<br /> DEPARTMENT and the State of Washington and their,authorized agents and employees
<br /> in any litigation; including payment of any costs or attorneys' fees for any claims or
<br /> action commenced thereon arising out of or in connection with acts or activities
<br /> authorized by this Grant Agreement.
<br /> This obligation shall not include such claims, costs, damages or expenses which may be
<br /> caused by the sole negligence of the DEPARTMENT; provided, that if the claims or
<br /> damages are caused by or result from the concurrent negligence of (1) the
<br /> DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity
<br /> provision shall be valid and enforceable only to the extent of the negligence of the SUB-
<br /> GRANTEE, or SUB-GRANTEE's agents or employees.
<br /> Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
<br /> Emergency Management Agency (FEMA),is an agency of the federal government, the
<br /> following shall apply:
<br /> 44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim
<br /> based upon the exercise or performance of, or the failure to exercise or perform a
<br /> discretionary function or duty on the part of a federal agency or an employee of the
<br /> federal government in carrying out the provisions of the Stafford Act.
<br /> A.13 LIMITATION OF AUTHORITY—Authorized Signature
<br /> The signatories to this Agreement represent that they have the authority to bind their
<br /> respective organizations to this Agreement. Only the DEPARTMENT's Authorized
<br /> Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or
<br /> Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the
<br /> express, implied, or apparent authority to alter, amend, modify, or waive any clause or
<br /> condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
<br /> of any clause or condition of this Grant Agreement is not effective or binding unless
<br /> made in writing and signed by both parties Authorized Signature representatives.
<br /> Further, only the Authorized Signature representative or Alternate for the SUB-
<br /> GRANTEE shall have signature authority to sign reimbursement requests, time
<br /> extension requests, amendment and modification requests, requests for changes to
<br /> projects or work plans, and other requests, certifications and documents authorized by
<br /> or required under this Agreement.
<br /> A.14 LOSS OR REDUCTION OF FUNDING
<br /> In the event funding from state, federal, or other sources is withdrawn, reduced, or
<br /> limited in any way after the effective date of this Agreement and prior to normal
<br /> completion or end date, the DEPARTMENT may unilaterally reduce the scope of work
<br /> and budget or unilaterally terminate all or partof the Agreement as a "Termination for
<br /> Cause" without providing the SUB-GRANTEE an opportunity to cure. Alternatively, the
<br /> parties may renegotiate the terms of this Agreement under "Amendments and
<br /> Modifications" to comply with new funding limitations and conditions, although the
<br /> Department has no obligation to do so.
<br /> A.15 NONASSIGNABILITY
<br /> Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
<br /> be transferred or assigned by the SUB-GRANTEE.
<br /> A.16 NONDISCRIMINATION
<br /> The SUB-GRANTEE shall comply with all applicable federal and state non-discrimination
<br /> laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
<br /> color, sex, sexual orientation, religion, national origin, marital status, honorably
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