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12. Relationship of the Parties. <br />(a) No agent, employee or representative of Ellensburg shall be deemed to be an agent, <br />employee or representative of the County for any purpose, and the employees of Ellensburg are <br />not entitled to any of the benefits the County provides to County employees. No agent, employee <br />or representative of the County shall be deemed to be an agent, employee or representative of <br />Ellensburg for any purpose, and the employees of the County are not entitled to any of the <br />benefits Ellensburg provides to Ellensburg employees. <br />(b) In the performance of the work herein contemplated, the party performing the work is <br />an independent contractor with the authority to control and direct the performance of the details <br />of the work; however, the work contemplated herein shall be subject to the general rights of <br />inspection and review of the party requesting the work be done, to secure the satisfactory <br />completion thereof. <br />13. Jurisdiction. Any legal dispute between the parties to this Agreement shall be governed <br />by the laws of the State of Washington, and any action to enforce this Agreement shall be <br />brought in Kittitas County, Washington. <br />14. Modification. The provisions of this Agreement may be modified or amended only by <br />written mutual consent of the parties. <br />15. Waiver. A failure by either party to exercise its rights under this Agreement shall not <br />preclude that party from subsequent exercise of such rights and shall not constitute a waiver of <br />any other rights under this Agreement unless stated to be such in a writing signed by an <br />authorized representative of the party and attached to the original Agreement. <br />16. Severability. If any provision of this Agreement or any provision of any document <br />incorporated by reference shall be held invalid, such invalidity shall not affect the other <br />provisions of this Agreement which can be given effect without the invalid provision, if such <br />remainder conforms to the requirements of applicable law and the fundamental purpose of this <br />agreement, and to this end the provisions of this Agreement are declared to be severable. <br />Animal Shelter Interlocal Agreement - 3 <br />