Laserfiche WebLink
between the Department of Ecology, Futurewise, and Kittitas County, dated May 15, <br />2014. <br />S. Quarterly Accounting and Payment. The County shall remit to NGR the total balance due <br />to NGR, on a quarterly basis (to the extent there is any balance due in the particular <br />quarter) with a full accounting of sales and fees withheld. The County shall also be <br />responsible for reporting all sales and metering data to Ecology as required by the <br />County's Trust Water Right Agreements and the County's Over -the Counter mitigation <br />certificate processing proposal as approved by Ecology. <br />6. Hold Harmless and Indemnification. NGR agrees to protect, save harmless, indemnify <br />and defend, at its own expense, the County, its elected and appointed officials, employees <br />and agents, from any loss or claim for damages of any nature whatsoever arising out of <br />the performance of this Agreement, including claims by NGR's employees, volunteers or <br />third parties, except for those damages solely caused by the negligence of willful <br />misconduct of the County, its elected and appointed officials, employees or agents. <br />7. Termination. <br />a. Either the County or NGR may terminate this Agreement upon ninety (90) days <br />written notice for any reason other than otherwise provided herein in which case <br />the County shall pay NGR for all amounts due in performing the contract to the <br />date of termination. <br />b. The invalidity or unenforceability of any particular provision of this Agreement <br />shall not affect other provision hereof and this Agreement shall be construed in <br />all respects as if such invalid or unenforceable provisions were omitted. <br />S. Exercise of rights or remedies. Failure of either party to exercise any rights or remedies <br />under this Agreement shall not be a waiver of any obligation by either party and shall not <br />prevent either party from pursuing that right at any future time. <br />9. Governing Law and Venue. This shall be governed by and interpreted under the law of <br />the State of Washington. Any action, suit, or judicial proceedings for the enforcement of <br />this Agreement shall be brought in the Superior Court of the State of Washington in <br />Kittitas County, Washington. <br />10. Documents Included in Agreement. This Agreement constitutes the entire agreement <br />between the parties and includes the following documents: <br />a. This Agreement. <br />b. Exhibit A: NGR Trust Water Right Agreement <br />c. Exhibit B: NGR Water Right <br />d. Exhibit C: Fee Schedule <br />11. Condition Precedent. This Agreement and its terms must be approved by Ecology and the <br />Water Transfer Working Group ("WTWG"), including but not limited to Ecology and <br />WTWG approval of the issuance of water mitigation certificates from the NGR Water Right <br />