RES 2023-209 - Laserfiche WebLink

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HtI-2023 -002- KVMA-CW S 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. 1'he ability to terminate this Agreement withoutiiability pursuant. to this paragraph is conditioned upon delivery of written notice fiom onc pany to the other within l0 days of such occuffence 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 occuffences. 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 agrcement 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 agrccment. ARTICLE X - IUISCBLLANEOUS Section 10.1 Pennissihle-t.lse- Warrant.v. 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 O|ganizational-Status Wananty. The Recipient warrants that it is duly organized, existing and in good standing underthe laws of the state of washington. Section 10.3 l{elatic}nShip of Partics" 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, ug"n"y o, employment relationship between thc pafiies, the committee, or the county. Section 10.4 No'fhid*arty ltiglrts. This Agreement is entererl into by the parries solely for their owrr benefit and it creates or grants no rights of any kind in any othei party. Section 10.5 Assisnme nt. The Recipient shall not assign any of its rights or delegate any of its duties under this Agreement without the prior express written consent of the County, whiih may be granted or refused in the County's sole discretion. Section 10.6 Choice ol'l-aw: Venue; Jurisdiction. This Agreement shall be govemed by the laws of the State of Washington. In the event ofa legalproceeding, venue shall bc only in a court of competent jurisdiction in Kittiks County. Each party hereby consents to tht personal jurisdiction ofthe courts ofthe State of Washington, County of Kittitas. This section shalisurvive the termination of this Agreement. Section 10.7 Waiver. No term or condition of this Agreement shall be deemed waived unless such waiver is expressly agreed to in writing by the party granting the waiver. In Homeless Flousing Grant Agreement Revised 9l13/2023 Page 8 of l0