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State of Washington Department of Ecology Page 160fl8 <br />Agreement No : W2RCLCP-I719-KiCoSW-00006 <br />Project Title: CLCP 2017-20 19 <br />Recipient Name: Kittitas County Solid Waste <br />this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. <br />RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at a1l reasonable times, <br />in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. <br />22. RECOVERY OF FUNDS <br />The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory <br />performance of this Agreement and completion ofthe work described in the Scope of Work. <br />All payments to the RECIPIENT are subjectto approval and audit by ECOLOGY, and any unauthorized expenditure(s) <br />or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. <br />RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment 01' overpayment under this <br />Agreement. <br />RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments <br />within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the <br />time ~COLOGY demands repayment of funds. <br />Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the <br />RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. <br />23. SEVERABILITY <br />If any provision of this Agreement or any provision of any document incorporated by reference shall beheld invalid, <br />such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid <br />provision, and to this end the provisions of this Agreement are declared to be severable. <br />24. STATE ENVIRONMENTAL POLICY ACT (SEPA) <br />RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements ofthe State <br />Environmental Policy Act (Chapter 4321C RCW and Chapter 197-11 WAC) have been or will be met. Any <br />reimbursements are subject to this provision. <br />25. SUSPENSION <br />When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or <br />any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall <br />resume performance on the next business day following the suspension period unless another day is specified by <br />ECOLOGY. <br />26. SUSTAINABLE PRACTICES <br />In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement <br />sustainable practices and to purchase environmentally preferable products under this Agreement. <br />a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low <br />impact meetings, and setting up recycling and composting programs~ <br />b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers <br />and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products <br />with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post-consumer <br />recycled paper. <br />For more suggestions visit ECOLOGY's web page: Green Purchasing, http://www.ecy.wagov/programs/swfaJepp. <br />27. TERMINATION <br />a) ForCause <br />ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the <br />RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material <br />Version 10/30/2015