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unless set forth in a written amendment to the Agreement signed by both parties <br />c. Notice for any purpose under this Agreement, except service of process, shall be <br />given by the Funding Recipient to the Kittitas County Commissioners and the Kittitas <br />County Public Works Director, 411 North Ruby, Suite 1, Ellensburg, WA 98926. For all <br />purposes under this Agreement, any notice by the County to the Funding Recipient <br />shall be given to the Funding Recipient's address provided on the signature page. <br />Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage <br />prepaid, certified mail, return receipt requested. <br />The section and paragraph headings of this Agreement are for reference <br />convenience only and are not intended to restrict, affect or be of any weight in <br />interpreting or construing the provisions of such sections or paragraphs. <br />e. This Agreement may be executed in one or more counterparts and by facsimile, <br />each of which will be deemed an original, but all of which together will constitute one <br />and the same instrument. <br />Funding Recipient warrants to the County that the individual signing on Funding <br />Recipient's behalf has the requisite power and authority to enter into and to perform <br />Funding Recipient's obligations under this Agreement. Funding Recipient further <br />warrants to the County that Funding Recipient has made no misrepresentation or <br />misleading statement in connection with this Agreement, and is not in violation of any <br />applicable law, ordinance, or regulation the consequence of which will or may <br />materially affect Funding Recipient's ability to perform its obligations under this <br />Agreement. <br />g. If any term or condition of this Agreement or the application thereof to any persons) or <br />circumstances is held invalid, such invalidity shall not affect the other terms, conditions <br />or applications which can be given effect without the invalid term, condition or <br />application. To this end, the terms and conditions of this Agreement are declared <br />severable. <br />h. The exclusive venue for any action brought to enforce this Agreement or any of its <br />terms shall be in Kittitas County, State of Washington. <br />Distressed County Sales and Use Tau Infrastructure Improvement Program Funding Agreement <br />Page 6 <br />