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supersedes any and all prior oral or written communications, proposals, conditions, promises, <br />representations, or understandings regarding the Services. No change, amendment or <br />modification of any provision of this Agreement shall be valid unless set forth in a written <br />amendment to the Agreement signed by both parties. <br />c. Notice for any purpose under this Agreement, except service of process, shall be given by <br />the Contractor to the Kittitas County Commissioners and the Kittitas County Auditor, Attn: <br />Judy Pless, 205 W. 5th Ave., suite 105, WA 98926. For all purposes under this Agreement, any <br />notice by the County to the Contractor shall be given to the Contractor's address provided on <br />the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, <br />postage prepaid, certified mail, return receipt requested. <br />The section and paragraph headings of this Agreement are for reference convenience only <br />and are not intended to restrict, affect or be of any weight in interpreting or construing the <br />provisions of such sections or paragraphs. <br />This Agreement may be executed in one or more counterparts and by facsimile, each of <br />which will be deemed an original, but all of which together will constitute one and the same <br />instrument. <br />Contractor warrants to the County that the individual signing on Contractor's behalf has the <br />requisite power and authority to enter into and to perform Contractor's obligations under <br />this Agreement. Contractor further warrants to the County that Contractor has made no <br />misrepresentation or misleading statement in connection with this Agreement, and is not in <br />violation of any applicable law, ordinance, or regulation the consequence of which will or <br />may materially affect Contractor's ability to perform its obligations under this Agreement. <br />If any term or condition of this Agreement or the application thereof to any person(s) or <br />circumstances is held invalid, such invalidity shall not affect the other terms, conditions or <br />applications which can be given effect without the invalid term, condition or application. To <br />this end, the terms and conditions of this Agreement are declared severable. <br />KITTITAS COUNTY <br />BOARD OF COUNTY COMMISSIONERS CITY OF CLE ELUM <br />Chair <br />Vice Chair <br />Commissioner <br />[Print Name] <br />[Signature] <br />[Address] <br />[Telephone] <br />LT -LS -CP 2019-001 County Lodging Tax Funding Agreement Page 5 <br />