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11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS <br />During the performance of this Grant, the Grantee shall comply with all federal, state, and local <br />nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or <br />refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, <br />canceled or terminated in whole or in part. <br />12. RECAPTURE <br />In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, <br />and/or the provisions of the Grant, OPD reserves the right to recapture funds in an amount to <br />compensate OPD for the noncompliance in addition to any other remedies available at law or in <br />equity. <br />13. RECORDS MAINTENANCE <br />The Grantee shall maintain all books, records, documents, data and other evidence relating to this <br />Grant. Grantee shall retain such records for a period of six (6) years following the end of the grant <br />period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the <br />records shall be retained until all litigation, claims, or audit findings involving the records have been <br />finally resolved. <br />14. RIGHT OF INSPECTION <br />At no additional cost all records relating to the Grantee's performance under this Grant shall be <br />subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor, <br />and state officials so authorized by law, in order to monitor and evaluate performance, compliance, <br />and quality assurance under this Grant. The Grantee shall provide access to its facilities for this <br />purpose. <br />15. SEVERABILITY <br />If any provision of this Grant or any provision of any document incorporated by reference shall be held <br />invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect <br />without the invalid provision, if such remainder conforms to the requirements of law and the <br />fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be <br />severable. <br />16. SUBJECT TO THE AVAILABILITY OF FUNDS <br />Any full or partial allocation of funds under this Grant is subject to the appropriation of funds by the <br />Washington Legislature to OPD. <br />17. WAIVER <br />Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or <br />breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated <br />to be such in writing. <br />Grant Agreement GRT24046 <br />General Terms and Conditions Page 5 of 16 <br />7 <br />