RES 2023-196 AH-2024-001-HopeSource-Youth

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AH-2024 -00 I -Hopesource-Youth Section 9.3 Termination for Default. If either party defaults in its performance under this Agreement, the non-defaulting party may give the defaulting party written notice that it has 30 days in which to cure the default. If the default is not cured within 30 days of notice, the non-defaulting party may terminate the contract. In the event of such a termination, the non-defaulting party shall have all rights and remedies available to it under law. Section 9.4 Termination due to Extraordinar.v Circumstances. The perforrnance of this Agreement is subject to termination without liability by either party upon the occurrence, or upon the prediction by the National Oceanic and Atmospheric Administration, any other agency of the United States Government, or any agency of the Government of the State of Washington of the occurrence of any circumstance beyond the control of either party- including, without limitation, acts of God 2 war, acts of terrorism within a fifty (50) mile radius of Kittitas County, govemment regulations, disaster, pandemic/epidemic illness, strikes or threat of strikes (except that neither party may terminate this Agreement for situations involving that party's own employees), civil disorder, or curtailment of transportation facilities-to the extent that such circumstance makes it illegal , impossible or economically impracticable for the parties to complete the duties and mutual obligations agreed upon and imposed upon them herein. The ability to terminate this Agreement without liability pursuant to this paragraph is conditioned upon delivery of written notice from one party to the other within 10 days of such occurrence or upon delivery of written notice from one party to the other within 24 hours of the receipt of notice of the prediction of any of the above occu1Tences. To the extent feasible within the constraints imposed by any event of the type described above, the parties agree that if the triggering event is of apparently or likely transitory effect, the parties may negotiate such amendments to the agreement that are mutually satisfactory and not otherwise contrary to law, including but not limited to a change in the dates for completion of any portion or the entirety of this agreement. ARTICLE X - MISCELLANEOUS Section 10.1 Permissible-Use Wananty. The Recipient warrants that its planned and actual uses of the Grant Award constitute permissible uses for homeless housing surcharge funds as established by RCW 36.22.179. This section shall survive termination of this Agreement. Section 10.2 Organizational-Status Warrant),. The Recipient warrants that it is duly organized, existing and in good standing under the laws of the State of Washington. Section 10.3 Relationship of Parties. This Agreement, and the parties' and the Committee's and the County's activities under it, shall not be construed as creating any kind of partnership or joint venture, nor shall it be construed as creating any kind of independent contractor, agency or Homeless Housing Grant Agreement Revised 8/2020.Page 7 of 10