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personal and real, utilized by the parties hereto in the execution of this Agreement <br />shall remain the property of that party initially owning it. <br />D. Venue. Venue for any lawsuit shall be in the Kittitas County Superior Court. <br />E. Filing. This Agreement shall be filed with the Kittitas County Auditor's Office or, <br />alternatively, listed by subject on each or either party's web site or other <br />electronically retrievable public source pursuant to RCW 39.34.040. <br />F. Severabilitv. In the event any provisions of this Agreement shall be determined to be <br />unenforceable or otherwise invalid for any reason, such provisions shall be enforced <br />and valid to the extent permitted by law. All provisions of this Agreement are <br />severable and the unenforceability or invalidity of a single provision herein shall not <br />affect the remaining provisions. <br />G. Waiver of Breach. The waiver by either party of the breach of any provision of this <br />Agreement by the other party must be in writing and shall not operate nor be <br />construed as a waiver of any subsequent breach by such other party. <br />H. Savings C lause.Nothing in this Agreement shall be construed so as to require the <br />commission of any act contrary to law, and wherever there is any conflict between <br />any provisions of this Agreement and any statute, law, public regulation or <br />ordinance, the latter shall prevail, but in such event, . the provisions of this <br />Agreement affected shall be curtailed and limited only the extent necessary to bring <br />it within legal requirements. <br />I. [n.terpretation. This Agreement has been submitted to the scrutiny of all parties and <br />their counsel, if desired, and it shall be given a fair and reasonable interpretation in <br />accordance with its words, without consideration or weight given to its being drafted <br />by any party or its counsel. All words used in the singular shall include the plural; <br />the present tense shall include the future tense; and the masculine gender shall <br />include the feminine and neuter gender. <br />J. Access to Records. The parties hereby agree that authorized representatives of the <br />parties shall have access to any books, documents, paper and record of the other <br />party which are pertinent to this Agreement for the purposes of making audits, <br />examinations, excerpts and transcriptions. All such records and all other records <br />pertinent to this Agreement and work undertaken pursuant to this Agreement shall <br />be retained by the parties for a period of six years after the final expiration date of <br />this Agreement or any amendments hereto, unless a longer period is required to <br />resolve audit, findings or litigation. In such cases, the parties may expressly agree <br />by an amendment or separate agreement for such longer period for record retention. <br />IN WITNESS WHEREOF, the above and foregoing Interlocal Agreement has been executed <br />in duplicate by the parties hereto and made effective on the day and year first above written: <br />Interlocal Agreement for Housing of Inmates <br />Page 9 oflO