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DocuGign Envelope lD: 46F056EF-7FgD-4D94-ACDA,8201 30798D9C
<br />State of Washington Departtnentof Ecolog,y
<br />Agreement No: SWMLSWFA-2023-KiCPiJD-00145
<br />Proicct Title: SWE Kittitas pHD
<br />Recipierrt Narne: KITT|IAS COUNTY pUELIC HEAUIH DEPARTMENT
<br />Page2l o{?2
<br />27, SUSTAINABLEPRACT]CES
<br />In order to sustain Washington's llatural l?sources and ecosystems, the RECIpIENT is fully encouraged to implement
<br />sustainable practices and to purchase euv'roumentally preferable products undst this Agleement.
<br />a) Sustainable practices ntay include sr'rch activities as: use of clean enel'gy, use of double-sided pr.inting, hosting low irnpact
<br />lneetings, and setting up recycling and cunposting progralls.
<br />b) Purchasing may include such items as: sustainably produced products and services, EpEAT registered computers and
<br />imaging equipnrent, independently certifi=d green cleaning products, r'erranufactured toner cartridges, products with r.educedpackaging, office products that are refillarle, rechargeable, and recyclable , ll}yopost-consumer recycled paper, and toxic freeploducts.
<br />For rnorre suggestions vjsit ECOLOGy's web page, Green purchasing,
<br />https://ecology'wa.gov/Regulations-Perru its/Guidance-teclraical-assistance/Sustainable-purchasing,
<br />28, TERMINATION
<br />a) For Cause
<br />ECoLOGY rnay terminate for cause this,\greement with a seven (7) calendar days prior written notification to the
<br />RECIPIENT, at the solc discretion of ECOLOGY, for failing to perfom an Agreernent requirement or for a material breach ofanytermorconditiorr' IfthisAgreementissoterminated,thepartiesshall beliableonlyforperformancer.enderedorcosts
<br />incurred in accordatlce with the terms of tris Agreement prior.to the effective date of termination.
<br />Failure to commence work' ECoLoGY reserves the right to tel'lninate this Agreement if RECIPIENT fails to cornmence workon the project funded within four (4) months after the effective date of this Agreernent, or by any date mutually agreed upon inwtiting for commencetnent of work, o| the time period defined within the Scope of Work.
<br />Non-Perfonnance' The obligation of ECCIOGY to the RECIPIENT is contingent upon satisfactory performance by theRECIPIENT of all of its obligations under this Agreernent. [n the evenr the RECIpIENT unjustifiably fails, i' the opinion ofECoLOGY, to perform any obligation required of it by this Agreenrent, ECoLoGy may refuse to pay any further. funds,terminate in whole or in part this Agreeme nt, and exercise any other.riglrts under.thisAgreement,
<br />Despite the above, the RECIPIENT shall not be relieved of any liability to ECoLoGy for damages sustained by ECoLoGyand the state of washington because of any breach of this Agreernent by the RECIpIENT. ECoLocy may withhold
<br />payments for the purpose of setoff until such time as the exact amount of clarnages due ECoLoGy from the RECIpIENT isdetermined.
<br />b) For Convenience
<br />ECOLOGY may termiriate for convenience this Agt'eement, i' whole or in par1, for any reason when it is the best interest ofECOLOGY, with a thirty (30) calendar days priol wlitten notificarion to the RECIpIENT, except as noted below. If thisAgreement is so terrninated, tl.re parties shall be liable only for perfolmance rendered or costs incurred in accordance with theterms of this Agreement prior to the effect ve date of ter.mination.
<br />Non-Allocation of Funds' ECOLoGY's abilify to rrake payments is contingent on availability of funding. In the event fundingfrom state, federal or other sources is withJrawn, reduced, or lirnited in any way after the effbctive date and prior to thecompletion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Ag'eement, inwhole or paft, or renegotiate the Agreemerrt, subject to new funding linritations or conditions, ECoLoGy may also elect to
<br />suspend performance of the Agreernent uuil ECOLOGY detennines the funding insufficiency is resolved. EColoGy mayexercise any of these options with no notification or restrictions, although ECoLoGy will make a reasonable attempt to provide
<br />notice.
<br />In the event of ternrination or suspension, lcoLoGY will reimburse eligible costs incurred by the RECIpIENT tlrr.ough theeffective date of termination or suspensiott' Reirnbursed costs rnust be agleed to by ECoLoGy a'd the RECIpIENT. h no
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