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arising from the sole negligence of the City of Ellensburg, its officers, agents or <br />employees. <br />Grantee agrees to maintain books, records and documents using accounting <br />procedures which accurately reflect all payments received and expenditures made <br />related to the performance of services under this agreement. Grantee's fiscal <br />management system shall include the capability to provide accurate and complete <br />-Clisclosure on~llsuch --payiilerits and expenditures, and upon reasonable notice, the <br />City may examine Grantee's books and records to verify the accuracy of same. <br />No agent, employee or representative of Grantee shall be deemed to be an agent, <br />employee or representative of the City for any purpose. In its performance of services <br />hereunder, Grantee is an independent contractor with the authority to control and direct <br />tho norf,v'"""a"'I"'e "f the do+~i!Q "f tho Qor\li,..OQ .11-,..._1,"'.,1. ,._ ...... ,.. _ ........ __ , " .. ____ •. _""'...,. <br />The City may, by written notice thereof to Grantee, terminate this Agreement as to all <br />or any portion of the services not then performed, whether or not Grantee is in breach <br />or default. In the event the City terminates the services of the Grantee being funded by <br />Agreement, the Grantee is obligated and hereby agrees to repay to the City all monies <br />paid for such services not yet rendered by the Grantee as of the date of the notice of <br />termination. <br />This agreement cannot be assigned, transferred or any portion subcontracted by either <br />party hereto without the prior written consent of the other party. <br />Grantee, in its performance of this agreement, agrees to comply with all applicable <br />local, State, and Federal laws and ordinances. <br />This agreement is the complete expression of the terms herein and any oral <br />representations or understandings not incorporated herein are excluded. This <br />agreement may be amended only through mutual written agreement of the parties. <br />The exclusive venue for any action brought to enforce this Agreement or any of its <br />terms shall be in Kittitas County, State of Washington. <br />(NAME OF GRANTEE), GRANTEE <br />i BY.~ <br />Print nam *:~ < L( ,n 0 l"",o ~l1 ' ~tM\. <br />City Attorney