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Slal( <If Was(\lII~11l1\ [)q\lrll\1(lllllf h'l("!o" ,.\gr(cm"111 Nil :\PPREG·!1)17·KiC"E:-'I·llIllJ/l) PrllJ~cl Til'~ R(~lnnu'llil spll' Jnd l1"z·lllallllcIJ~1l1 r~~r"".'" JnJ rCSOllr.:c aL'qlllslli<Hl R~CIPi(1l1 Nmu( Killll,,, ('nulll, SI1(ritl' n. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies rt!ceived as reimburselllt!nl payments is contingent upon salis factory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be relitnded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amollnt of any erroneous payment or overpayment under thi:; Agreement. RECIPIENT shall refund by check payable to ECOLOG Y the amollnt of any sllch reduction ofpaYll1ents or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of fund s. Any property acquired under this Agreement. at the option of ECOLOGY, lllay become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amoLlnt retlecting the fair valuc ufsuch property. 23. SEVERABILrTY Ifany provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given etlect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLrCY ACT (SEPA) RECIPIENT IllllSt demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Enviromnental Policy Act (Chapter 43.21 C RCW and Chapter 197-11 WAC) have bcen or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY. ECOLOGY may at any time, and without cause. suspend this Agreement or any portion thereoftor a temporary period by written notice from ECOLOGY to the RECIPIENT, RECIPIENT shall resume performance on the next business day tollowing the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sllstain Washington's natural resources and ecosystems, the RECIPI ENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices Illay include stich activities as : use of clean energy. use of double-sided printing. hosting low impact meetings, and setting up recycling and corn posting programs. b) Purchnsing may include such items as: sustainably produced products and :;t:rvice s, EPEA T registered computers and imaging equipment, independently certitied green cleaning products, remanufactured toner cartridges, products with reduced packaging, oftice products that are retillable, rechargeable, and recyclable, and 100% post-consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, http:/rwww.ccy .wa,gov/programs/swt~lIepp. 27 . TERMrNATION a) For Calise ECOLOGY may terminate tOt· calise this Agreement with a seven (7) calendal' days prior written notitication to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to pertorm an Agreement requirement or tor a material breach of any tel111 or condition, I f this Agreement is so tellllinated. the parties shall be liable only tor pertormance rendered or costs incurred in accordance with the terms of this Agreemt:nt prior to the effective date of termination. failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to cOlllmence work on the projt:ct funded within fOllr (4) months ana the eft'i:!ctive date of Ihis Agreement, or by any date V~r $l<Jn tO/)OIlOt5