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reference are attached. No other understandings, oral or otherwise, <br />regarding the subject matter of this Agreement shall be deemed to exist or <br />to bind any of the parties hereto. <br />5. GOVERNING LAW AND VENUE. This Agreement shall be governed <br />exclusively by the laws of the State of Washington. The Yakima County <br />Superior Court shall be the sole proper venue for any and all suits brought <br />to enforce or interpret the provisions of this Agreement. <br />6. ATTORNEY'S FEES. If any legal action or other proceeding is brought for <br />the enforcement of this Agreement, or because of an alleged dispute, <br />breach, default, or misrepresentation in connection with any of the <br />provisions of this Agreement, each party shall pay its own attorney's fees <br />incurred in that action, arbitration or proceeding. <br />7. IMPROPER INFLUENCE. Each party agrees, warrants and represents that <br />it did not and will not employ, retain or contract with any person or entity <br />on a contingent compensation basis for the purpose of seeking, obtaining, <br />maintaining or extending this Agreement. Each party agrees, warrants and <br />represents that no gratuity whatsoever has been or will be offered or <br />conferred with a view towards obtaining, maintaining or extending this <br />Agreement. <br />8. CONFLICT OF INTEREST. The elected and appointed officials and <br />employees of the parties shall not have any personal interest, direct or <br />indirect, which gives rise to a conflict of interest. <br />9. NONDISCRIMINATION. Both YAKIMA and KITIITAS COUNTIES, and <br />their employees agree that they shall not discriminate against any <br />person on the grounds of race, creed, color, religion, national origin, <br />sex, sexual orientation, age, marital status, political affiliation or <br />belief, or the presence of any sensory, mental or physical handicap in <br />violation of the Washington State Law Against Discrimination (RCW <br />Chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 <br />et seq). In the event that either party violates this provision, the non- <br />violating party may terminate this Agreement immediately and bar the <br />other party from performing any services for its entity in the future. <br />10. BACKGROUND CHECK/CRIMINAL HISTORY. In accordance with <br />Chapters 388-700 WAC, 72.05. RCW, and 43.20A RCW, the <br />Contractor is required to conduct background check/ criminal history <br />clearance for all employees, subcontractors and/ or volunteers who <br />mayor will have regular access to any client/juvenile, prior to any <br />access under this agreement. <br />In addition, Contractor may be required to conduct background <br />check/ criminal history clearance for employees, subcontractors <br />and/ or volunteers who mayor will have limited access to any <br />client/juvenile, prior to any access under this agreement. <br />Page 50f7