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State of Washington Department of Ecology <br />Agreement No: SWMLSWFA-202I-KICPHD-00003 <br />Project Title: SWE Kitritas Co. PH <br />Recipient Name: KITTITAS COLJNTY PUBLIC HtsALrH <br />Page 20 of20 <br />event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. <br />If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay <br />monies which had been paid to the RECIPIENT prior to such termination. <br />RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of <br />funds by the RECIPIENT's governing body. <br />c) By Mutual Agreement <br />ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. <br />d) In Event of Termination <br />All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials <br />prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the <br />RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such <br />documents and other materials. <br />Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIpIENT in <br />accordance with Recovery of Funds, identified herein. <br />29. THIRDPARTYBENEFICIARY <br />RECIPIENT shall ensure that in all subconhacts entered into by the RECIPIENT pursuant to this Agreement, the state of <br />Washington is named as an express third party beneficiary of such subcontracts with full rights as such. <br />30. WAIVER <br />Waiver of a default or breach of any provision of this Agrecment is not a waiver of any subsequent default or breach , and will <br />not be construed as a modification of the terms of this Agreement unless statcd as such in writing by the authorized <br />representative of ECOLOGY. <br />End of Gcneral Terms and Conditions <br />Template Version I 2/l 0/2020