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4. ENTIRE AGREEMENT. This Agreement contains all the terms and <br />conditions agreed upon by the parties. All items incorporated herein by <br />reference are attached. No other understandings, oral or otherwise, <br />regarding the subject matter of this Agreement shall be deemed to exist or to <br />bind any of the parties hereto. <br />5. GOVERNING LAW AND VENUE. This Agreement shall be governed <br />exclusively by the laws of the State of Washington. The Yakima County <br />Superior Court shall be the sole proper venue for all suits brought to enforce <br />or interpret the provisions of this Agreement. <br />6. ATTORNEY'S FEES. If any legal action or other proceeding is brought for <br />the enforcement of this Agreement, or because of an alleged dispute, breach, <br />default, or misrepresentation in connection with any of the provisions of this <br />Agreement, each party shall pay its own attorney's fees incurred in that <br />action, arbitration or proceeding. <br />7. IMPROPER INFLUENCE. Each party agrees, warrants, and represents that <br />it did not and will not employ, retain, or contract with any person or entity <br />on a contingent compensation basis for the purpose of seeking, obtaining, <br />maintaining, or extending this Agreement. Each party agrees, warrants, and <br />represents that no gratuity whatsoever has been or will be offered or <br />conferred with a view towards obtaining, maintaining or extending this <br />Agreement. <br />8. CONFLICT OF INTEREST. The elected and appointed officials and <br />employees of the parties shall not have any personal interest, direct or <br />indirect, which gives rise to a conflict of interest. <br />9. NONDISCRIMINATION. Both YAKIMA and KITTITAS COUNTIES, and <br />their employees agree that they shall not discriminate against any <br />person on the grounds of race, creed, color, religion, national origin, <br />sex, sexual orientation, age, marital status, political affiliation or <br />belief, or the presence of any sensory, mental or physical handicap in <br />violation of the Washington State Law Against Discrimination (RCW <br />Chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 <br />et seq). If either party violates this provision, the non -violating party <br />may terminate this Agreement immediately and bar the other party <br />from performing any services for its entity in the future. <br />10. BACKGROUND CHECK/CRIMINAL HISTORY. In accordance with <br />Chapters 388-700 WAC, 72.05. RCW, and 43.20A RCW, the <br />Contractor is required to conduct background check/criminal history <br />clearance for all employees, subcontractors and/or volunteers who <br />may or will have regular access to any client/juvenile, prior to any <br />access under this agreement. <br />In addition, Contractor may be required to conduct background <br />check/criminal history clearance for employees, subcontractors <br />Page 5 of 7 <br />