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GENERAL TERMS AND CONDITIONS <br /> 1 <br /> 33. SUBGRANTING <br /> The Grantee may only subgrant work contemplated under this Grant if it obtains the prior written <br /> approval of DOH. <br /> If DOH approves subgranting, the Grantee shall maintain written procedures related to subgranting, <br /> as well as copies of all subgrants and records related to subgrants. For cause, DOH in writing may: <br /> (a) require the Grantee to amend its subgranting procedures as they relate to this Grant; (b) prohibit <br /> the Grantee from subgranting with a particular person or entity; or(c) require the Grantee to rescind <br /> 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 DOH if the Subgrantee fails to comply with any applicable term or condition of this <br /> 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 DOH for any breach in the performance of the Grantee's duties. <br /> Every subgrant shall include a term that DOH and the State of Washington are not liable for claims or <br /> damages arising from a Subgrantee's performance of the subgrant. <br /> 34. 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 /> 35. 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 /> 36. TERMINATION FOR CAUSE/SUSPENSION DISINCENTIVE <br /> In event DOH determines that the Grantee failed to comply with any term or condition of this Grant, <br /> DOH may terminate the Grant in whole or in part upon written notice to the Grantee. Such <br /> termination shall be deemed"for cause." Termination shall take effect on the date specified in the <br /> notice. <br /> In the alternative, DOH upon written notice may allow the Grantee a specific period of time in which to <br /> correct the non-compliance. During the corrective-action time period, DOH may suspend further <br /> payment to the Grantee in whole or in part, or may restrict the Grantee's right to perform duties under <br /> this Grant. Failure by the Grantee to take timely corrective action shall allow DOH to terminate the <br /> Grant upon written notice to the Grantee. <br /> "Termination for Cause"shall be deemed a"Termination for Convenience"when DOH determines <br /> that the Grantee did not fail to comply with the terms of the Grant or when DOH determines the failure <br /> 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 /> DOH Grant N19726 Pag€222)of 26 City of Everett <br />