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<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 Federal
<br /> government in carrying out the provisions of the Stafford Act.
<br /> A.14 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 Signature
<br /> representative and the Authorized Signature representative of the Subrecipient or
<br /> Alternate for the Subrecipient, formally designated in writing, shall have the express,
<br /> implied, or apparent authority to alter, amend, modify, or waive any clause or condition of
<br /> this Agreement. Any alteration, amendment, modification, or waiver of any clause or
<br /> condition of this Agreement is not effective or binding unless made in writing and signed
<br /> by both parties'Authorized Signature representatives.
<br /> Further, only the Authorized Signature representative or Alternate for the Subrecipient
<br /> shall have signature authority to sign reimbursement requests, time extension requests,
<br /> amendment and modification requests, requests for changes to projects or work plans,
<br /> and other requests, certifications and documents authorized by or required under this
<br /> Agreement.
<br /> A.15 LOSS OR REDUCTION OF FUNDING
<br /> In the event funding from state, federal, or other sources is withdrawn, reduced, or limited
<br /> in any way after the effective date of this Agreement and prior to normal completion or end
<br /> date, the Department may unilaterally reduce the scope of work and budget or unilaterally
<br /> terminate all or part of the Agreement as a "Termination for Cause"without providing the
<br /> Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms
<br /> of this Agreement under "Amendments and Modifications" to comply with new funding
<br /> limitations and conditions, although the Department has no obligation to do so.
<br /> A.16 NONASSIGNABILITY
<br /> Neither this Agreement, nor any claim arising under this Agreement, shall be transferred
<br /> or assigned by the Subrecipient.
<br /> A.17 NONDISCRIMINATION
<br /> The Subrecipient 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, color,
<br /> sex, sexual orientation, religion, national origin, marital status, honorably discharged
<br /> veteran or military status, or disability(physical, mental, or sensory) be denied the benefits
<br /> of, or otherwise be subjected to discrimination under any project, program, or activity,
<br /> funded, in whole or in part, under this Agreement.
<br /> A.18 NOTICES
<br /> The Subrecipient shall comply with all public notices or notices to individuals required by
<br /> applicable local, state and federal laws and regulations and shall maintain a record of this
<br /> compliance.
<br /> A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
<br /> HEALTH ACT (OSHA/WISHA)
<br /> The Subrecipient represents and warrants that its work place does now or will meet all
<br /> applicable federal and state safety and health regulations that are in effect during the
<br /> Subrecipient's performance under this Agreement. To the extent allowed by law, the
<br /> Subrecipient further agrees to indemnify and hold harmless the Department and its
<br /> employees and agents from all liability, damages and costs of any nature, including but
<br /> not limited to, costs of suits and attorneys' fees assessed against the Department, as a
<br /> result of the failure of the Subrecipient to so comply.
<br /> DHS-FEMA-EMPG-FFY 15 Page 17 of 28 Everett, City of, E16-120
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