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<br />FFY17 Fire Management Assistance Grant Agreement Page 20 of 22 Kittitas County, D17-1016 <br />The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize <br />the State of Washington MWBE goals, as identified in. WAC 326-30-041. <br />A.40. VENUE <br /> This Agreement shall be construed and enforced in accordance with, and the validity and performance <br />hereof shall be governed by, the laws of the State of Washington. Venue of any suit between the <br />parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The <br />SUBRECIPIENT, by execution of this Agreement acknowledges the jurisdiction of the courts of the <br />State of Washington. <br />A.41. WAIVERS <br /> No conditions or provisions of this Agreement can be waived unless approved in advance by the <br />DEPARTMENT in writing. The DEPARTMENT’s failure to insist upon strict performance of any <br />provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance <br />of any performance during such breach, shall not constitute a waiver of any right under this Agreement. <br /> <br />