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HH-2021 -00 1 -Hope S ource-ClP <br />Section 10.1 Permissible-Use Wanant),. The Recipient warrants that its planned and actual uses <br />of the Grant Award constitute permissible uses for homeless housing surcharge funds as established <br />by RCW 36.22.179. This section shall survive termination of this Agreement. <br />Section 10.2 Organizational-Status WananW. The Recipient warrants that it is duly organized, <br />existing and in good standing under the laws of the State of Washington. <br />Section 10.3 Relationship of Parties. This Agreement, and the parties'and the Committee's and <br />the County's activities under it, shall not be construed as creating any kind of partnership or joint <br />venture, nor shall it be construed as creating any kind of independent contractor, agency or <br />employment relationship between the parties, the Committee, or the County. <br />Section 10.4 No Third-Party Riehts. This Agreement is entered into by the parties solely for their <br />own benefit and it creates or grants no rights of any kind in any other party. <br />Section 10.5 Assignment. The Recipient shall not assign any of its rights or delegate any of its <br />duties under this Agreement without the prior express written consent of the County, which may be <br />granted or refused in the County's sole discretion. <br />Section 10.6 Choice of Law: Venuel Jurisdiction. This Agreement shall be governed by the laws <br />of the State of Washington. In the event of a legal proceeding, venue shall be only in a court of <br />competent jurisdiction in Kittitas County. Each party hereby consents to the personal jurisdiction of <br />the courts of the State of Washington, County of Kittitas. This section shall survive the termination <br />of this Agreement. <br />Section 10.7 Waiver. No term or condition of this Agreement shall be deemed waived unless <br />such waiver is expressly agreed to in writing by the party granting the waiver. In addition, <br />waiver of any breach of this Agreement shall not be deemed a waiver of any prior or subsequent <br />breach. <br />Section 10.8 Amendment. This Agreement can be amended only by a writing executed by <br />the parties. <br />Section 10.9 Entire Agreement. The parties acknowledge that this Agreement is the complete <br />expression of their agreement regarding the subject matter of this Agreement. Any oral or <br />written representations or understandings not incorporated into this Agreement are specifically <br />excluded. <br />Section 10.10 Headines. The headings in this Agreement are for convenience only and shall <br />not be deemed to affect the meaning of its provisions. <br />Section f 0.11 Severability. If any provision of this Agreement is held by a court of competent <br />jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining provisions <br />Homeless Housing Grant Agreement <br />Revised 12/2019 Page 8 of 10