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Section 10.1 Permissible-tJse Wanarty. The Recipient warrants that its planned and actual uses <br />ofthe Grant Award constitute permissible uses forhomeless housing surcharge funds as established <br />by RCW 36.22.179. This section shall survive termination of this Agreement. <br />Section 10.2 Organizational-$latus Wan'autv, The Recipient warrants that it is duly organized, <br />existing and in good standing under the laws of the State of Washington. <br />Section 10.3 Relation{hip olParties. This Agreement, and the parties' and the Committee's and <br />the County's activities underit, shall not be construed as creating any kind of partnership or joint <br />venture, nor shall it be construed as creating any kind of independent contractor, agency or <br />employment relationship between the parties, the Committee, or the county. <br />Section 10.4 No Third-Party Rights. This Agreement is entered into by the parties solely for their <br />own benefit and it creates or grants no rights of any kind in any other pafiy. <br />Section 10.5 Assianntent. The Recipient shall not assign any of its rights or delegate any of its <br />duties under this Agreement without the prior express written consent of the County, which may be <br />granted or refused in the County's sole discretion. <br />Section 10.6 Choice of Law: VepUg: Iurisdiction. This Agreement shall be govemed by the laws <br />of the State of Washington. In the event of a legal proceeding, venue shall be only in a court of <br />competent jurisdiction in Kittitas County. Each party hereby consents to the personal jurisdiction of <br />the courts of the State of Washington, County of Kittitas. This section shall survive the termination <br />of this Agreement. <br />Section 10.7 Waiver. No term or condition of this Agreement shail be deemed waived unless <br />such waiver is expressly agreed to in writing by the party granting the waiver. In addition, <br />waiver of any breach of this Agreement shall not be deemed a waiver of any prior or subsequent <br />breach. <br />Section 10.8 Amendment. This Agreement can be amended only by a writing executed by <br />the parties. <br />Section 10.9 Entire Asreement. The parties acknowledge that this Agreement is the complete <br />expression of their agreement regarding the subject matter of this Agreement. Any oral or <br />written representations or understandings not incorporated into this Agreement are specifically <br />excluded. <br />Section 10.10 Fleadings. The headings in this Agreement are for convenience only and shall <br />not be deemed to affect the meaning of its provisions. <br />Section 10.11 Severability. If any provision of this Agreement is held by a court of competent <br />jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining provisions <br />Homeless Housing Grant Agreement <br />Revised 12/2019 Page 8 of l0