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108, Ellensburg, WA 98926. Notice to Friends for all purposes under this Agreement shall be <br />given to the address reflected on the signature page. Notice may be given by delivery or by <br />depositing in the U.S. Mail, first class, postage prepaid. <br />XVII. SEVERABILITY <br />If any term or condition of this Agreement or the application thereof to any person(s) or <br />circumstances is held invalid, such invalidity shall not affect other terms, conditions or <br />applications which can be given effect without the invalid term, condition or application. To this <br />end, the terms and conditions of this Agreement are declared severable. <br />XVIII. WAIVER <br />Either party's failure or delay to insist upon strict performance of any of the provisions of this <br />Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a <br />waiver or relinquishment to any extent of its right to assert or rely upon any such provisions, <br />right or remedies in that or any other instance; rather the same shall be and remain in full force <br />and effect. No terms or conditions of this Agreement shall be held to be waived, modified or <br />deleted except by an instrument, in writing, signed by the parties hereto. <br />XIX. PRIOR AGREEMENTS <br />This Agreement embodies the entire Agreement between the County and Friends, and supersedes <br />any and all prior agreements, regarding the Scope of Work. No change, amendment or <br />modification of any provisions of this Agreement shall be valid unless set forth in a written <br />instrument signed by the party to be bound thereby. <br />XX. HEADINGS <br />The headings of sections and paragraphs of this Agreement are for the convenience of reference <br />only and are not intended to restrict, affect or be of any weight in the interpretation or <br />construction of the provisions of such sections or paragraphs. <br />XXI. REMEDIES <br />The rights and remedies of the parties set forth in any provision of this Agreement are in addition <br />to and do not in any way limit any other rights or remedies afforded to the parties by any other <br />provisions of this Agreement or by law. <br />XXII. NONDISCRINUNATION <br />1. The County is an equal opportunity employer. <br />2. Friends agree to take all necessary and affirmative steps to ensure compliance <br />with all federal, state and county laws and policies regarding nondiscrimination <br />and equal employment opportunities. Friends shall not discriminate in any <br />employment action because of race, creed, color, national origin, marital status, <br />Professional Services Contract between Kittitas County & Page 6 of 8 <br />Friends of the Kittitas County Fairgrounds Foundation <br />