K2871 Kittitas County Agreement - Laserfiche WebLink

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Kittitas County Page 8 Specialty Crop Block Grant Program K2871 appointed by the Grantee, and a third party mutually agreed upon by both parties. Each side will present their position to the dispute resolution team, which shall attempt to resolve the dispute by majority vote. This dispute resolution process must preceed any action in a judicial or quasi-judicial setting, unless both parties agree to waive dispute resolution. 26. WAIVER A failure by either party to insist on strict performance by the other party of any provision in this Agreement shall not constitutes a waiver of the other party’s obligations. Waiver of any right must be in writing and signed by an authorized representative of the party waiving the right. 27. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. 28. SURVIVAL The terms, conditions, and warranties in this Agreement that by their sense and context are intended to survive the completion of performance, cancellation or termination of this Agreement shall so survive. Such provisions include but are not limited to the following sections of this Agreement: Recapture, Records Maintenance, Copyright Provisions, Indemnification, Disputes, and Governance. 29. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. In addition to any requirements, limitations or restrictions contained in Section 101 of the Specialty Crops Competiveness Act of 2004 (7 USC 1621 note), Section 10109 of the Food, Conservation, and Energy Act of 2008, Public Law 110-246 (the 2008 Farm Bill), and the Agricultural Act of 2014 (P.L. 113-79), the federal funding provided under this Grant is subject to the terms and conditions in the SCBGP Grant. The provisions of this Agreement and its Attachments shall be construed to conform to those laws and the SCBGP Grant. In the event of a lawsuit involving this Agreement, venue shall be proper only in Thurston County, Washington. 30. RIGHTS AND REMEDIES NOT EXCLUSIVE The rights and remedies of the parties provided in this contract are not exclusive and are in addition to any other rights and remedies available at law or in equity. 31. ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and state of Washington statutes and regulations, including but not limited to those listed in Attachment C and D B. The SCBGP Grant C. The Agreement Face Sheet D. Terms and Conditions E. Attachment A 32. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.