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H) Severability. 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 and valid to <br />the extent permitted by law. All provisions of this Agreement are severable, and <br />unenforceability or invalidity of a single provision herein shall not affect the remaining <br />provisions. <br />I) Governing Law and Venue. This Agreement shall be governed by the laws of the State of <br />Washington, and venue for any lawsuit shall be the Kittitas County Superior Court. <br />J) Attorney's Fees. In the event it is necessary for either party to utilize the services of an <br />attorney to enforce any of the terms of this Agreement, such enforcing party shall be entitled to <br />compensation for its reasonable attorney's fees and costs. In the event of litigation regarding any <br />terms of this Agreement, the substantially prevailing party shall be entitled, in addition other <br />relief, to such reasonable attorney's fees and costs as determined by the Court. <br />K) Waiver of Breach. The waiver by either parry of the breach of any provision of this <br />Agreement by the other party must be in writing and shall not operate nor be construed as a <br />waiver of any subsequent breach by such other party. <br />L) Savings Clause. 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 any <br />provisions of this Agreement and any statute, law, public regulation or ordinance, the latter shall <br />prevail but in such event, the provisions of this Agreement affected shall be curtailed and limited <br />only to the extent necessary to bring it within legal requirements. <br />III. KCCC agrees to: <br />A) Refer inmates to the CWCMH clinician(s) for evaluation for services relating to the inmate's <br />overall behavior based upon observations of innate conduct and the training of KCCC staff as <br />described herein. <br />B) Provide appropriate information on referred inmates. <br />C) Provide appropriate support for the CWCMH clinician(s) to accomplish the identified KCCC <br />services. <br />D) Designate Superintendent Steve Panattoni, his designee, or other individual assigned as such <br />by the Sheriff as contact person and liaison with CWCMH. <br />E) To pay $85 per hour for services provided by CWCMH as described herein. This amount will <br />not exceed $22,000 per year. <br />2 <br />