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unless set forth in a written amendment to the Agreement signed by both parties. <br />c.Notice for any purpose under this Agreement,except service of process,shall begivenbytheFundingRecipienttotheKittitasCountyCommissionersandtheKittitasCountyPublicWorksDirector,411 North Ruby,Suite 1,Ellensburg,WA 98926.For allpurposesunderthisAgreement,any notice by the County to the Funding RecipientshallbegiventotheFundingRecipient's address provided on the signature page.Notice may be given by delivery or by depositing in the U.S.Mail,first class,postageprepaid,certified mail,return receipt requested. <br />d.The section and paragraph headings of this Agreement are for referenceconvenienceonlyandarenotintendedtorestrict,affect or be of any weight ininterpretingorconstruingtheprovisionsofsuchsectionsorparagraphs. <br />e.This Agreement may be executed in one or more counterparts and by facsimile,each of which will be deemed an original,but all of which together will constitute oneandthesameinstrument. <br />f.Funding Recipient warrants to the County that the individual signing on FundingRecipient's behalf has the requisite power and authority to enter into and to performFundingRecipient's obligations under this Agreement.Funding Recipient furtherwarrantstotheCountythatFundingRecipienthasmadenomisrepresentationormisleadingstatementinconnectionwiththisAgreement,and is not in violation of anyapplicablelaw,ordinance,or regulation the consequence of which will or maymateriallyaffectFundingRecipient's ability to perform its obligations under thisAgreement. <br />g.If any term or condition of this Agreement or the application thereof to any person(s)orcircumstancesisheldinvalid,such invalidity shall not affect the other terms,conditionsorapplicationswhichcanbegiveneffectwithouttheinvalidterm,condition orapplication.To this end,the terms and conditions of this Agreement are declaredseverable. <br />h.The exclusive venue for any action brought to enforce this Agreement or any of itstermsshallbeinKittitasCounty,State of Washington. <br />Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement <br />Page 6