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<br /> <br /> <br /> <br /> <br /> <br />Interlocal Cooperation Agreement <br />Voluntary Stewardship Program Page 6 of 8 <br /> <br />construed to conform to those laws. The venue of any action brought <br />hereunder shall be in Kittitas County, Washington. <br /> <br />b. If any legal action or other proceeding is brought for enforcement of this <br />Agreement, or because of an alleged dispute, breach, default, or misrepre- <br />sentation in connection with any of the provisions of this Agreement, each <br />party shall pay its own attorney fees incurred in that action or proceeding. <br /> <br />14. ORDER OF PRECEDENCE. In the event of an inconsistency in the terms of this <br />Agreement, or between its terms and any applicable statute or rule, the <br />inconsistency shall be resolved by giving precedence in the following order: <br />a. Applicable federal and state of Washington statutes, regulations, and rules. <br />b. Mutually agreed upon written amendments to this Agreement. <br />c. This Agreement. <br />d. Statement of Work and Budget. <br />e. Any other provisions of this Agreement, including materials incorporated by <br />reference. <br /> <br />15. FUNDING AVAILABILITY. Kittitas County’s ability to make payments is <br />contingent on availability of funding. In the event funding from the state is <br />withdrawn, reduced, or limited in any way after the effective date and prior to <br />completion or expiration date of this agreement, Kittitas County, at its sole <br />discretion, may elect to terminate the Agreement, in whole or part, for <br />convenience or to renegotiate the agreement subject to new funding limitations <br />and conditions. Kittitas County may also elect to suspend performance of the <br />agreement until Kittitas County determines the funding insufficiency is resolved. <br />Kittitas County may exercise any of these options with no notification restrictions. <br /> <br />16. PROPERTY. Unless otherwise specifically agreed by the parties in writing, all <br />property, personal or real, utilized by the parties hereto in the execution of this <br />Agreement shall remain the property of that party initially owning it. <br /> <br />17. TERMINATION FOR CAUSE. If for any reason, either party does not fulfill in a <br />timely manner its obligations under this Agreement, or if either party violates any <br />of these terms and conditions, the aggrieved party will give the other party written <br />notice of such failure or violation. The responsible party will be given the <br />opportunity to correct the violation or failure within 15 working days. If failure or <br />violation is not corrected, this Agreement may be terminated immediately by <br />written notice of the aggrieved party to the other. <br /> <br />18. SEVERABILITY. Any provision of this Agreement, which is prohibited or <br />unenforceable, shall be ineffective to the extent of such prohibition or un- <br />enforceability, without affecting the validity or enforcement of the remaining <br />provisions.