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State of Washington Departrnent of Ecology Agreement No: SWMLSWFA-2021-KiCoSW-00012 ProjectTitle IMP Kittitas SW RecipientName: KIfiITASCOLJNTYSOLTDWASTEDEPARTMENT ?age24 of24 event shall ECOLOGY's reimbursement exbeed ECOLOGY's total responsibility under the Agreement and any amendments ' If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIpIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By MutualAgreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement' d) In Event ofTermination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLoGY, will become properly of ECoLoGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECoLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRDPARTYBENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third parly beneficiary of such subcontracts with full rights as such. 30. \MATVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be conshred as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Tomplate Version l2 I l0 I 2020