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only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. ARTICLE IX GENERAL PROVISIONS 9.01 CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS. The Agreement may be changed, modified, amended or waived only by written agreement signed by the parties' authorized representatives and adopted by resolution of each party's legislative authority. Any waiver of a term or condition of this Agreement shall apply only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or future act, occurrence or omission. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 9.02 ASSIGNMENT. Neither party may assign its rights or delegate its duties under this Agreement, whether by assignment, further subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. 9.03 SEVERABILITY. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or application of this Agreement which can be given effect without the invalid term, condition or application. To this end the terms and conditions of this Agreement are declared severable. 9.04 ENTIRE AGREEMENT. This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parities hereto. 9.05 INTERLOCAL COOPERATION ACT PROVISIONS. All vehicles, equipment, inventory and any improvement thereon or fixtures purchased by Kittitas, shall remain the sole property of Kittitas. All vehicles, equipment, inventory and any improvements thereto and non -fixture improvements to the premises purchased by Benton, shall remain the sole property of Benton. All Kittitas personnel utilized in the fulfillment of this Agreement shall be solely within the supervision, direction and control of Kittitas and shall not be construed as "loan servants" or employees of Benton. No independent special budget or funds are anticipated, nor shall be created without the prior written agreement of the parties. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND BENTON COUNTY FOR GENERAL EQUIPMENT AND SERVICES Page 5 of 6