15-007 - WA State Historical Society - Duwamish Hill Preserve Grant

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B. GENERAL CONTRACT TERMS 3. ORDER OF PRECEDENCE The items listed below are incorporated by reference herein. In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: I. Applicable federa and Washington State statutes and regulations 2. State executive order 3. Terms and conditions ofthis Contract 4. ATTACHMENT A (GENERAL PROVISIONS) 5. All attachments or material incorporated by reference 4. CONTRACT MODIFICATIONS a) This Contra may be modified by mutual agreement of the parties. Such modification shall not be binding unless in writing and signed by both parties prior tn implementation of the modification. Any oral understanding or agreement not incorporated herein shall not be binding. b) Budget modification of not more than ten (10) percent of any line item and as described herein is excepted from this clause; but shall not increase the total amount available to the Grantee in this grant. c) Notwithstanding any other provision of this Contract, the GRANTEE may, at its discretion, make modifications not to exceed ten (lO) percent ofeach line item in the Project Budget (Attachment B, hereto). The GRANTEE shall notify the AGENCY in writing prior to making any budget modification or combination of budget modifications that would exceed ten (10) percent of any budget line item. Budget modifications exceeding ten (10) percent of any line item constitutes a Contract Modification and must be approved by both parties in writing prior to implementation ofthe modification. 5. NO WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shafl not be construed to be a modilication ofthe terms of this Contract unless stated to be such in writing signed by authorized representatives of the AGENCY and the GRANTEE. C. PERFORMANCE AND GENERAL RESPONSIBILIT ES 6. NONASSIGNABILITY Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the GRANTEE, without advance written permission from the AGENCY.