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Slocu.4ign Envelope lD: 46F056EF-7F9D-4D94-ACDA-8201 3079BDSC <br />State of Washington Departtnent of Ecology <br />Agreenrent No: SWMLSWFA-2023-KiCFI{D-00145 <br />Project Title: SWE Kittitas pHD <br />Recipient Narne: KITTTTAS COUNTY PUBLIC HFTALTH DEPARTMENT <br />End of General Terms and Conditions <br />Page 22 of 22 <br />evcnt shall ECOLoGY's reimbursement exceed ECoLoGY's total responsibiiity under the Agreernent and any amendments. <br />If payments have been discontinued by ECoLoGY due to unavaiiable ftrnds, the RECIpIENT shall not be obligated to repay <br />monies which had been paid to the RECIpIENT prior to such tenni'ation. <br />RECIPIENT's obligation to continue or eotnplete the work described in this Agreement shall be contingent upon availability oftunds by the RECIPIENT's goveming bcdy. <br />c) By Mutual Agreement <br />ECoLocY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. <br />d) In Event of Termination <br />All finished or unfinished docutnents, data studies, sulveys, drawings, maps, models, photograplrs, reports or other materialsprepared by the RECIPIENT urrder this Agreement, at the option of ECOLOGY, will become properfy of ECoLoGy and theRECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work conrpleted on such <br />documents and other materials. <br />Nothing contained herein shail p'eclude rcolocy fi.orn demanding repayment of all funds paid to the RECIpIENT inaccordance r.vith Recovery of Funds, identified herein <br />29, THIRD PARTY BENEFICIARY <br />RECIPIENT shall ensure that in all subcontracts entered into by the RECIpIENT pursuant to this Agreement, the state ofwashington is named as an expressthirdpatty beneficiary of such subcontracts with full rights as such. <br />30, WATVER <br />waivel of a default or breach of any plovision of this Agreement is not a waiver of any subsequent default or breach, and willnot be construed as a ntodification of the tenns of this Agreement unless stated as such in writing by the authorized <br />representative of ECOLOGy. <br />Ternplate Version l2l I 012020