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Agreement No 2021-105MH <br />Page 7 of 11 <br />XVI. Future Non-Allocation of Funds <br /> <br />If sufficient funds are not appropriated or allocated for payment under this Agreement for <br />any future fiscal fiscal, the County will not be obligated to make payments for services or <br />amounts incurred after the end of the current fiscal period. No penalty or expense shall <br />accrue to the County in the event this provision applies. <br /> <br />XVII. Severability. <br /> <br />17.1 If, for any reason, any part, term or provision of this Agreement is held by a court <br />of the United States to be illegal, void or unenforceable, the validity of the remaining <br />provisions shall not be affected, and the rights and obligations shall be construed and <br />enforced as if the Agreement did not contain the particular provision held to be invalid . <br /> <br />17.2 If it should appear that any provision hereof is in conflict with any statutory <br />provision in the State of Washington, said provision that may conflict therewith shall be <br />deemed inoperative and null and void in so far as it may be in conflict therewith, and shall <br />be deemed modified to conform to such statutory provisions. <br /> <br />XVIII. Counterparts. <br /> <br />This Agreement may be executed in counterparts, each of which shall be deemed an <br />original but all of which together shall constitute one and the same instrument. <br /> <br />XIX. Entire Agreement. <br /> <br />The parties agree that this Agreement is the complete expression of the terms hereto and <br />any oral representations or understandings not incorporated herein are excluded. Further , <br />any modification of this Agreement shall be in writing and signed by both parties. Failure <br />to comply with any of the provisions stated herein shall constitute material breech of <br />contract and cause for termination. Both parties recognize time is of the essence in the <br />performance of the provisions of this Agreement. It is also agreed by the parties that the <br />forgiveness of the nonperformance of any provision of this Agreement does not constitute <br />a waiver of the provisions of this Agreement.