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LTL2022-024-JUNK-T1CLUEN <br />this Agreement.Contractor further warrarits to the County that Contractor has made noniisrepresentationormisleadingstatementiinconnectionwiththisAgreement,and is not inviolationofanyapplicablelaw,ordinance,or regulation the consequence of whicli will or <br />may máterially affect Contfactor's ability to perform its obligations Linder this Agreement. <br />g.If any terrn or cóndition of this Agreemerit or the application thereof to any person(s)or <br />circumstances is held invalla,such invalidity shall not affect the other terins,conditions or <br />applications which can be given effect without the invalid term,condition or application.To <br />this end,the terms and conditions of this Agreement are declared severa ble. <br />h.The exclusive venue for any action brought to:eriforce this Agreement of any of its terms <br />shall be in Kittitas County,State of Washington. <br />i.The performance of this Agreemerit is subject to terniination without liability by either þarty <br />upon the occurrence,or upon the prediction by the National Oceanic and Atmospheric <br />Administration,any other agency of the United States Government,or any agency of the <br />Governmerit of the State of Washington of'the occurrence of any circumstance beyond the <br />control of either party-including,without limitation,acts of God,war,acts of terrorism <br />within a fifty (50)mile i·adius of Kittitas County,goyernment regulations,disaster, <br />pandemic/epidemic illness,sthkes or threat of strikes:[except that neither party may <br />terminate this Agreement for situations.involving that party's own employees),civil <br />disorder,or curtailment of transportation facilities-to the extent that such circumstance <br />makes it illegal ,impossible or economically impracticable for the parties to complete the <br />duties and mutual obligations agreed upon and imposed upon them herein.The ábility to <br />terminate this Agreement without liability pursuant to this paragraph is conditioned upon <br />deliyery of written notice from one party to the.other withirt10 days of such occurrerice or <br />upon deliverÿ of written notice from one party to the other within 24 hours of the receipt of <br />notice of the:prediction of any of the above occurrences.To the extent fëasible wiithin the <br />constraints iniposed by any.event of the type described above,the parties agree that if the <br />triggering event is of aþparently or \Íkely transitory effect,the parties may riegotiate such <br />amendments to the agreemerit that are mutually satisfactory and not otherwise contrary to <br />law,including but not limited to a change in the dates for completíon of any portion or the <br />entirety of this agreement <br />2022 County Lodging Tax Funding Agreement Page 6