Amendment 1- HH-CIP- FE - Laserfiche WebLink

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L LL L-Lv-V-W V--t rVPVJ(J'l,llUV-\/II Section 10.1 Pennissible-Use Wananty. 'I'he Recipient warrants that its planned and actual uses ofthe Grant Award constitute permissible uses lor homeless housing surcharge funds as established by RCW 36.22.179. This section shall survive termination ofthis Agreement. Section 10.2 Organizational-status Wananty. The Recipient warrants that it is duly organized, existing and in good standing under the laws of the State of washington. Section 10.3 Relationship of Parties. 'l.his Agreement, and the parties'and the Committee's and the County's activities under it, shall not be construed as creating any kind of partnership or joint venture, nor shall it be construed as creating any kind of independent contractor, agency or employment relationship between the parties, the committee, or thc county. Section 10.4 No'fhird-Party Rights. 1'his Agreement is entereri into by the parties solely for their own benefit and it creates or grants no rights olany kind in any othcr parfy. Scction 10.5 Assiqnment. The Recipient shall not assign any of its rights or delegatc any of its duties under this Agreement without the prior express written consent of the County, which may be granted or refused in the County's sole discretion. Section 10.6 Choice of Law: Venue: Jurisdicliolr. This Agreement shall be govemed by the laws ol'the State of Washington. In the event of a legal proceeding, venue shall be only in a court of competcnt jurisdiction in Kittitas County. Each party hereby consents to the personal jurisdiction of the courts of the State of Washington, Corurty of Kittitas. This section shall swvive the termination of this Agreement. Section 10.7 Waiver. No term or condition of this Agreement shall be deemed waived unless such waiver is expressly agreed to in writing by the party granting the waiver. In addition, waiver of any breach of this Agreement shall not be deemed a waiver of any prior or subsequent breach. Section 10.8 Amendment. This Agreement can be amended only by a writing executed by the parties. Section 1"0.9 Entire Asreement. The parties acknowledge that this Agreement is the complete expression of their agreement regarding the subject matter of this Agreement. Any oral or written representations or understandings not incorporated into this Agreement are specifically excluded. Section 10.10 Hgdt-Ugs. The headings in this Agreement are for convenience only and shall not be deemed to affect the meaning of its provisions. Section 10.11 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining provisions that can be given effect without the invalid provision, provided that the underlying intent of Homeless Housing Grant Agreement Revised l2l2Al9 Page 8 of l0