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HH-2022-00 1 -HopeSource-Pathways <br />ARTICLE IX - TERMINATION <br />Section 9.1 Termination for Loss of Funding. The County shall have the right to terminate this <br />Agreement at arry time after providing written notice consistent with sections 5.2 and 5.3 of this <br />agreement if the funds relied upon for the Grant Award are terminated, suspended or otherwise lost <br />or impaired in whole or in part. <br />Section 9.2 Termination for Convenience. Either party may terminate this Agreement for <br />convenience upon giving the other party at least 30 days' advance written notice. In that event, the <br />Recipient will be entitled to payment only for those expenses and costs reasonably and actually <br />incurred prior to the effective date of the termination. <br />Section 9.3 Termination for Default. If either party defaults in its performance under this <br />Agreement, the nondefaulting parly may give the defaulting party written notice that it has 30 days <br />in which to cure the default. If the default is not cured within 30 days of notice, the nondefaulting <br />party may terminate the contract. In the event of such a termination, the nondefaulting party shall <br />have all rights and remedies available to it under law. <br />ARTICLE X - MISCELLANEOUS <br />Section 10.1 Permissible-Use Warranty. The Recipient warrants that its planned and actual uses <br />ofthe Grant Award constitute permissible uses for homeless housing surcharge funds as established <br />by RCW 36.22.179. This section shall survive termination ofthis Agreement. <br />Section 10.2 Organizational-Status Wananty. The Recipient warrants that it is duly orgarized, <br />existing and in good standing under the laws of the State of Washington. <br />Section 10.3 Relationship of Parties. This Agreement, and the parties' and the Committee's and <br />the County's activities under it, 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 party. <br />Section 10.5 Assignment. 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: Venue: Jurisdiction. 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 />Homeless Housing Grant Agreement <br />Effective April2022 <br />Page 7 of l0