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LT-2020-028-CHAM BER-CLE ELU M I N D EPEN DENCE- Amended EP 8. lf any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. h. The excluslve venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. i. The following provision is entered into effective upon adoption by the parties pursuant to section "9b", as reflected by the signature ofthe authorized representative(s) ofeach party. The performance of this Agreement is subject to termination without liability by either party upon the occurrence, or upon the prediction by the National Oceanic and Atmospheric Administration, any other agency of the United States Government, or any agency of the Government of the State of Washington of the occurrence of any circumstance beyond the control of either pafi-including, without limitation, acts of God, war, acts of terrorism within a fifty (50) mile radius of Kittitas County, government regulations, disaster, pandemic/epidemic illnest strikes or threat of strikes (except that neither party may terminate this Agreement for situations involving that party's own employees), civil disorder, or curtailment of transportation facilitaes-to the extent that such circumstance makes it illegal , impossible or economically impracticable for the parties to complete the duties and mutual obligations agreed upon and imposed upon them herein. The ability to terminate this Agreement without liability pursuant to this paragraph is conditioned upon delivery of written notice from one party to the other within 10 days of such occurrence or upon delivery of written notice from one party to the other within 24 hours of the receipt of notice of the prediction of any of the above occurrences. To the extent feasible within the constraints imposed by any event of the type described above, the parties agree that if the triggering event is of apparently or likely transitory effect, the parties may negotiate such amendments to the agreement that are mutually satisfactory and not otherwise contrary,to law, including but not lirnited to a change in the dates for completion of any portion or the entirety of this agreement. j. (ITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS Ll Commissioner CONTRACTOR Na e laun lAddressl<lct 'q [Telephonel _2020 County Lodglng Tax Funding Agreement 2s 2UTL Page 6