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Agreement Number: K2208 <br />interest on State of Washington general obligation bonds issued most closely to the date of <br />authorization of the grant. Such right of recapture shall exist for a period not to exceed three <br />(3) years following termination of the Agreement. Repayment by the Contractor of state funds <br />under this recapture provision shall occur within thirty (30) days of demand . In the event that <br />the Department is required to institute proceedings to enforce this recapture provision, the <br />Department shall be entitled to its costs thereof, including reasonable attorney's fees. <br />14. OWNERSHIP OF PROJECT/CAP ITAL FACILITIES <br />The Department makes no claim to any real property improved or constructed with funds <br />awarded under this Agreement and does not assert and will not require any ownership interest <br />in or title to the capital facilities and/or equipment constructed or purchased with state funds <br />under this Agreement. This provision does not extend to claims that the Department may bring <br />against the Contractor in recapturing funds expended in violation of this Agreement. <br />15. RELATIONSHIP BETWEEN THE PARTIES <br />The Contractor and its employees or agents performing under this Agreement are not deemed <br />to be employees of the Department nor agents of the Department in any manner whatsoever , <br />nor will they hold themselves out as nor claim to be officers or employees of the Department or <br />of the State of Washington hereof and will not make any claim, demand, or application to or for <br />any right or privilege applicable to an officer or employee of the Department or of the State of <br />Washington. <br />16 . GOVERNING LAW AND VENUE <br />This Agreement shall be construed and enforced in accordance with and the validity and <br />performance hereof shall be governed by the laws of the State of Washington . Venue of any <br />suit between the parties arising out of this Agreement shall be the Superior Court of Thurston <br />County, Washington . <br />In the event of an inconsistency in the terms of this Agreement, or between its terms and any <br />applicable statute or rule, the inconsistency shall be resolved by giving precedence in the <br />following order: <br />a) Applicable state and federal statutes and rules; <br />b) The terms and conditions of this Agreement; <br />c) Any other provisions of the Agreement, including materials incorporated by reference. <br />17 . SEVERABILITY <br />In the event any term or condition of this Agreement or application thereof to any person or <br />circumstances is held invalid, such invalidity shall not affect other terms , conditions, or <br />applications of this Agreement, which can be given effect without the invalid term, condition, or <br />application. To this end, the terms and conditions of this Agreement are declared severable. <br />18. ENTIRE AGREEMENT <br />This Agreement and all attachments hereto contain all the terms and conditions agreed upon <br />by the parties. No other understandings, oral or otherwise, regarding the subject matter of this <br />Agreement and attachments shall be deemed to exist or to bind any of the parties hereto. <br />Page 5 of 7