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LT -2023-OO 1 -PSA-C HAM BE R O F COM M ERCE State of Washington of the occurrence of any circumstance beyond the control of either party-including, without limitation, acts of God, war, acts of terrorism within a fifty (50) mile radius of Kittitas County, government regulations, disaster, pandemic/epidemic illness, strikes or threat of strikes (except that neither party may terminate this Agreement for situations involving that party's own employees), civil disorder, or curtailment of transportation facilities-to the extent that such circumstance makes it illegal, impossible or economically impracticable for the parties to complete the duties and mutual obligations agreed upon and imposed upon them herein. The ability to terminate this Agreement without liability pursuant to this paragraph is conditioned upon delivery of written notice from one party to the other within 10 days of such occurrence or upon delivery of written notice from one party to the other within 24 hours of the receipt of notice of the prediction of any of the above occurrences. To the extent feasible within the constraints imposed by any event of the type described above, the parties agree that if the triggering event is of apparently or likely transitory effect, the parties may negotiate such amendments to the agreement that are mutually satisfactory and not othenruise contrary to law, including but not limited to a change in the dates for completion of any portion or the entirety of this agreement. 28. Waiver: Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 29. Survival: The provisions of paragraphs 7, 9, 1 1, 13, 1 4, 15, 16, 17, 1 8, 1 9, 20, 21, 22, 23, 24, 28, 30, 31, and 32 shall suryive, notwithstanding the termination or invalidity of this Agreement for any reason. 30. Nondiscrimination 30.1 The County is an equal opportunity employer 30.2 Nondiscrimination in Employment ln the performance of this Agreement, the Contractor will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Contractor shall ensure that applicants are employed, Professional Services Agreement (rev. 0912412018) Page '11 of 19