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t KITTITAS COUNW BOARD OF COUNTV COMMISSIONERS Amended LT-2020-023-HUFFMAN FARMS- Amended EpThis Agreement may be executed in one or more counterparts and by facsimile, each of whichwill be deemed an original, hut all of which together will constjtute one and the sameinstrument. g' contractor warrants to the county that the individual signing on contractor/s behalf has therequisite power and authority to enter into and to peJornicontractor,s obligations underthis Agreement- contractor further warrants to the county that contractor has made nomisrepresentation or misleading statement in connection with this Agreement, and is not inviolation of any applicable law, ordinance, or regulation the consequence of which willor maymaterially affect Contractor's ability to perform its obligations under this Agreement. h' lf any term or condition of this Agreement or the application thereof to any person(s) orcircumstances is held invalid, such invalidity shall not affect the other terms, conditions orapplications which can be given effect without the invalid term, condition or application. To thisend, the terms and conditions of this Agreement are declared severable. i' The exclusive venue for any action brought to enforce this Agreement or any of its terms shallbe in Kittitas County, State of Washington. j' The following provision is entered into effective upon adoption by the parties pursuant tosection "9c' , as reflected by the signature of the authorized representative(s) of each pany. The performance of this Agreement is subject to termination without liability by either pafi upon the occurrence, or upon the prediction by the National Oceanic and AtmosphericAdministration, any other agency of the united states Government, or any agency of theGovernment of the State of Washington of the occurrence of any circumstance beyond thecontrol of either pafty-including, without limitation, acts of God, war, acts of terrorismwithin a fifty (50) mile radius of Kittitas County, government regulations, disaster,pandemic/epidemic illness, strikes or threat of strikes (except that neirher party may terminate this Agreement for situations involving that party's own employees), civit disorder,or curtailment of transportation facilities-to the extent that such circumstance makes it illegal , impossible or economically impracticable for the parties to complete the duties andmutual obllgations agreed upon and imposed upon them herein. The abiiity 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 ofwritten notice from one party to the other within 24 hours of the receipt of notice of theprediction of any of the above occurences. 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 ar.ndments to the agreement that are mutually satisfactory and not otherwise contrary to law, including but not limited to a change in the dates for completion of any portion or the entirety of this agreement. CONTRACTOR ,ntn County Lodglng Tax Fundlng Agreement Page 6