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Paint Stewardship Agreement
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2021
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03. March
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2021-03-16 10:00 AM - Commissioners' Agenda
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Paint Stewardship Agreement
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Entry Properties
Last modified
4/15/2021 2:02:11 PM
Creation date
4/15/2021 2:01:49 PM
Metadata
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Template:
Meeting
Date
3/16/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
d
Item
Request to Approve a Washington Architectural Paint Stewardship Program MRW Drop-Off Site Operation Agreement Between PaintCare Washington LLC and Kittitas County
Order
4
Placement
Consent Agenda
Row ID
73736
Type
Agreement
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20.3 <br />20.4 <br />20.5 <br />20.6 <br />20.7 <br />20.8 <br />20.9 <br />may elect to selectively and successively enforce its rights hereunder, such rights being <br />cumulative and not alternative. <br />Amendment or Modification. Unless othenuise provided herein, no amendments, <br />changes, alterations, variations, or modifications to this Agreement will be effective <br />unless in writing and signed by the respective duly authorized representatives of the <br />parties hereto. <br />Governing Law/Venue. The laws of the State, without giving effect to its principles of <br />conflicts of law, govern the interpretation and effect of this Agreement. Subject to the <br />provisions of Article 16 ("Dispute Resolution"), any legal proceedings regarding this <br />Agreement initially will be brought before a court of jurisdiction prescribed by law in the <br />State. <br />Severability. lf any term, covenant, condition, or provision of this Agreement is held by <br />a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of <br />the provisions hereof will remain in full force and effect and will in no way be affected, <br />impaired, or invalidated thereby. <br />Calendar Days. Any reference to the word "day" or "days" herein shall mean calendar <br />day or calendars days, respectively, including weekends and federal holidays unless <br />othenruise expressly provided. lf a deadline falls on a weekend or federal holiday, the <br />next business day will be the applicable deadline. <br />No Third-Party Beneficiary. This Agreement is intended solely for the benefit of the <br />parties hereto, and no third party has any right or interest in any provision of this <br />Agreemeht or as a result of any action or inaction by any party in connection therewith. <br />Authorization. Each party represents and warrants that it has full power and authority <br />to enter into this Agreement and to perform its obligations set forth herein. The <br />representative(s) signing this Agreement on behalf of each party represents that he/she <br />has the authority to execute this Agreement on behalf of the applicable party and to bind <br />it to its contractual obligations hereunder. <br />Survivability. Atl continuing obligations, rights, and remedies of the parties under this <br />Agreement will survive the expiration or termination of this Agreement, including the <br />continuing obligations in the following articles: Article 6 ("Title and Risk of Loss; <br />Disclaimers"); Article 8 ("Audit and lnspection Rights"); Article 9 ("lndemnification"); <br />Article 10 ("lnsurance"); Article 16 ("Dispute Resolution"); Article 17 ("Compliance With <br />Law"); Article 18 ("Safety, Health, and Environmental Protection; Releases of Hazardous <br />Substances; Emergency Response"); And Article 19 ("Confidentiality/Publicity"). <br />L7
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