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<br /> <br /> <br /> <br /> <br /> <br />Interlocal Cooperation Agreement <br />Voluntary Stewardship Program Page 5 of 8 <br /> <br />11. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS. <br /> <br />a. This Agreement may be changed, modified, amended or waived only by <br />written agreement signed by the parties and adopted by the Kittitas County <br />Board of Commissioners and the District. <br /> <br />b. Any waiver of a term or condition of this Agreement shall apply only to the <br />specific act, occurrence or omission and shall not constitute a waiver as to any <br />other term or condition or future act, occurrence or omission. <br /> <br />c. Waiver or breach of any term or condition of this Agreement shall not be <br />considered a waiver of any prior or subsequent breach. <br /> <br />12. INTERPRETATION. This Agreement has been submitted to the review of all <br />parties and their counsel, if desired, and it shall be given a fair and reasonable <br />interpretation in accord with its words, without consideration or weight given to <br />its being drafted by any party or its counsel. All words used in the singular shall <br />include the plural; the present tense shall include the future tense; and the <br />masculine gender shall include the feminine and neuter gender. <br /> <br />13. GOVERNING LAW AND VENUE. <br /> <br />a. This Agreement shall be governed by the laws of the State of Washington and <br />any applicable federal laws. The provisions of this Agreement shall be <br />construed to conform to those laws. The venue of any action brought <br />hereunder shall be in Kittitas County, Washington. <br /> <br />b. If any legal action or other proceeding is brought for enforcement of this <br />Agreement, or because of an alleged dispute, breach, default, or misrepre- <br />sentation in connection with any of the provisions of this Agreement, each <br />party shall pay its own attorney fees incurred in that action or proceeding. <br /> <br />14. ORDER OF PRECEDENCE. In the event of an inconsistency in the terms of this <br />Agreement, or between its terms and any applicable statute or rule, the <br />inconsistency shall be resolved by giving precedence in the following order: <br />a. Applicable federal and state of Washington statutes, regulations, and rules. <br />b. Mutually agreed upon written amendments to this Agreement. <br />c. This Agreement. <br />d. Statement of Work and Budget. <br />e. Any other provisions of this Agreement, including materials incorporated by <br />reference. <br /> <br />15. FUNDING AVAILABILITY. Kittitas County’s ability to make payments is <br />contingent on availability of funding. In the event funding from the state is