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<br />I of COUNTY, COUNTY indem:nitees, Dr the agency from which COUNTY received grant funds, that <br />2 liability will be apportioned by the court. Neither PartY shall request jury apportionment. <br />3 10. No alteration Dr variation of the terms of this Ag(eement shall be valid unless made in <br />4 writing and signed by duly authorized representatives ofthe parties hereto, and no oral understanding or <br />5 agreement not incorporated herein shall be binding on any of the parties hereto. <br />6 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express <br />7 written consent of COUNTY. <br />8 12. For a period of three years after final payment hereunder Or until all claims related to this <br />9 Agreement are finally settled, whichever is later, SUBGAANTEE shall preserve and maintain all <br />10 documents, papers and records relevant to the work performed or the property, equipment, technologies, <br />II services or supplies acquired in accordance with this Agreement, including Attachments A and B hereto. <br />12 For the SlllUe time period, SUB GRANTEE shall make said documents, papers and records available to <br />13 COUNTY and the agency frolIl which COUNTY received grant funds or their duly authorized <br />14 representative(s), for cxlllUination, copying, or mechanical reproduction on or off the premises of <br />15 SVBGAANTEE, upon request during usual working hours, <br />16 13. SUBGRANTEE shall provide to COUNTY lIJl reco,ds and inforn;tation requested by <br />17 COUNTY for ,incluslOn in quarterly reports and such other reports Dr records as COUNTY may be <br />18 required to provide to the agency from which COUNTY received grant funds Or other persons or <br />19 agencies. <br />20 14. COUNTY may k1lUinate this Agreement and be relieved of the payment of any <br />21 consideration to S,UBGRANTEE if a) SVBGRANTEE fails to perform any of the covenants contained <br />22 in this Agreement, including Attachments and B hereto, at the time and in the manner herein provided, <br />23 or b) COUN1Y loses funding undeI the grant. In the event of termination, COUNTY may proceed with <br />24 the work in any manner deemed proper by COUNTY. <br />25 15. SUB GRANTEE and its agents and employees shall act in an independent capacity in the <br />26 performance of this Agreement, including Attachments A and B hereto, and shall not be considered <br />27 officers, agents Dr employees of COUNTY Dr of the- agency from which COUNTY received grant funds. <br />28 II <br /> <br />Sherilf<O06/06013 <br /> <br />Page 3 of4 <br />