Executed DOE Agreement No OTGP-2021-KiCoSW-00050

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Statc of Washingtoo Deprrment of Ecology Agrccmcnt No: OTGP-2021-KiCoSW-00050 hojectTitlq Fcasibility Study into Sccondary Recycling Markcts Recipicnt Namc: KITIITAS COLJNTY - SOLID WASTE Page 20 of2l imaging equipment, independently certified grcen cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. Formore suggestions visit ECOLOGY's web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATTON a) ForCause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perforrn anAgreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incuned in accordance with the terms of this Agreement prior to the effective date of terrnination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope ofWork. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifrably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further firnds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages zustained by ECOLOGY and the State of Washington because of any breach of this Agreenent by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoffuntil such time as the exact amount of damages due ECOLOGY from the RECIPIENT is detennined. b) ForConvenience ECOLOGY may tenninate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirly (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of thisAgreement prior lo the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from s0ate, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terrrinate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOCY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insuffrciency is resolvcd. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGYwiII make a reasonable atternpt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incuned by the RICIPIENT tbrough the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable firnds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such terrrination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) ByMutualAgrecment Templatc Version lU I U 20D;0