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Amended LT-2020-023-HUFFMANFARMS-Amended EPf.This Agreement may be executed in one or more counterparts and by facsimile,each of whichwillbedeemedanoriginal,but all of which together wi!I constitute one and the sameinstrument. <br />g.Contractor warrants to the County that the individual signing on contractor's behalf has therequisitepowerandauthoritytoenterintoandtoperformContractor's obligations underthisAgreement.Contractor further warrants to the County that contractor has made nomisrepresentationormisleadingstatementinconnectionwiththisAgreement,and is not inviolationofanyapplicablelaw,ordinance,or regulation the consequence of which will or maymateriallyaffectcontractor's ability to perform its obligations under this Agreement. <br />h.If any term or condition of this Agreement or the application thereof to any person(s)orcircumstancesisheldinvalid,such invalidity shall not affect the other terms,conditions orapplicationswhichcanbegiveneffectwithouttheinvalidterm,condition or application.To thisend,the terms and conditions of this Agreement are declared severable. <br />i.The exclusive venue for any action brought to enforce this Agreement or any of its terms shall <br />be in Kittitas County,State of Washington. <br />j.The following provision is entered into effective upon adoption by the parties pursuant tosection"9c",as reflected by the signature of the authorized representative(s)of each party.The performance of this Agreement is subject to termination without liability by either partyupontheoccurrence,or upon the prediction by the National Oceanic and AtmosphericAdministration,any other agency of the United States Government,or any agency of theGovernmentoftheStateofWashingtonoftheoccurrenceofanycircumstancebeyondthecontrolofeitherparty--including,without Ilmitation,acts of God,war,acts of terrorismwithinafifty(50)mile radius of Kittitas County,government regulations,disaster,pandemic/epidemic illness,strikes or threat of strikes (except that neither party mayterminatethisAgreementforsituationsinvolvingthatparty's own employees),civil disorder,or curtailment of transportation facilities--to the extent that such circumstance makes it <br />illegal ,impossible or economically impracticable for the parties to complete the duties andmutualobligationsagreeduponandimposeduponthemherein.The ability to terminate thisAgreementwithoutliabilitypursuanttothisparagraphisconditionedupondeliveryofwrittennoticefromonepartytotheotherwithin10daysofsuchoccurrenceorupondeliveryofwrittennoticefromonepartytotheotherwithin24hoursofthereceiptofnoticeofthepredictionofanyoftheaboveoccurrences.To the extent feasible wíthin the constraintsimposedbyanyeventofthetypedescribedabove,the parties agree that if the triggeringeventisofapparentlyorlikelytransitoryeffect,the parties may negotiate such amendments <br />to the agreement that are mutually satisfactory and not otherwise contrary to law,including <br />but not limited to a change in the dates for completion of any portion or the entirety of this <br />agreement. <br />KITTITAS COUNTY <br />BOARD OF COUNTY COMMISSIONERS CONTRACTOR <br />2020 County Lodging Tax Funding Agreement Page 6