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for performance rendered or costs incurred in accordance with the terms of this Agreement <br />prior to the effective date of termination. <br />ARTICLE IX <br />GENERAL PROVISIONS <br />9.01 CHANGES. MODIFICATIONS. AMENDMENTS AND WAIYERS The Agreement may be <br />changed, modified, amended, or waived only by written agreement signed by the parties' <br />authorized representatives and adopted by resolution of each party's legislative authority. <br />Any waiver of a term or condition of this Agreement shall apply only to the specific act, <br />occurrence, or omission and shall not constitute a waiver as to any otherterm or condition, <br />or future act, occurrence, or omission. Waiver or breach of any term or condition of this <br />Agreement shall not be considered a waiver of any prior or subsequent breach. <br />Task assignments, insofar as they are considered changes, modifications, or <br />amendments, shall be exempt from adoption by resolution of Benton's legislative authority, <br />instead being adopted by signature of Benton County's Public Works Manager, per ltem <br />2.02. <br />9.02 ASSIGwME rL Neither party may assign its rights or delegate its duties under this <br />Agreement, whether by assignment, subcontract, or other means. Any such attempted <br />assignment or delegation shall be void and shall constitute a material breach of this <br />Agreement. <br />9.03 SEVERABILIW. ln the event any term or condition of this Agreement or application <br />thereof to any person or circumstances is held invalid, such invalidity shall not affect other <br />terms, conditions, or applications of this Agreement which can be given effect without the <br />invalid term, condition, or application. To this end, the terms and conditions of this <br />Agreement are declared severable. <br />9.04 ENTIRE AGREEMENT. This Agreement contains all the terms and conditions agreed <br />upon by the parties. All items incorporated herein by reference will be attached. No other <br />understandings, oral or othenryise, regarding the subject matter of this Agreement shall be <br />deemed to exist or to bind any of the parties hereto. <br />INTERLOCAL COOPERATIVE AGREEMENT BETWEEN BENTON COUNTY AND <br />KITTITAS COUNTY FOR LABOR, EQUIPMENT, MATERIALS, AND/OR GENERAL SERVICES Pase 5 of 6