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8.D <br />full compliance with all the above provisions concerning nondiscrimination in <br />employment and in receipt of services or benefits provided under this Agreement. <br />RESOLUTION.ICTI ON AND VENUE. <br />a.This Agreement has been and shall be construed as having been made and <br />delivered within the State of Washington, and the parties agree that this Agreement <br />shall be governed by the laws of the State of Washington, both as to interpretation <br />and performance. <br />b. Any action atlaw, suit in equity, or judicial proceeding for the enforcement of this <br />Agreement or any provisions thereof shall be instituted and maintained only in a <br />court of competent jurisdiction in Kittitas County, Washington. <br />c. If any legal proceeding is brought for the enforcement of this Agreement or <br />because of a dispute, breach, default or misrepresentation in connection with any of <br />the provisions of this Agreement, the prevailing party shall be entitled to recover <br />from the other party, in addition to any other relief to which such party may be <br />entitled, reasonable attorney fees and other costs incurred in that action or <br />proceeding as may be allowed by the court. <br />9. MODIFICATION AND WAIVER. <br />This Agreement may be amended, superseded, cancelled, renewed or extended and <br />the terms hereof may be waived, only by a written consent signed by the parties or, <br />in the case of a waiver, by the party waiving compliance. <br />The parties agree that forgiveness of any delay or non-perforTnance of any <br />provision of this Agreement, by any party in exercising any right, power or <br />privilege under this Agreement, does not constitute a waiver of the provisions of <br />this Agreement. No whole or partial waiver on the part of any party of any right, <br />power or privilege under specific circumstances shall operate or be construed as a <br />future waiver of such right, power or privilege. <br />The rights and remedies herein provided are cumulative and are not exclusive of <br />any rights or remedies that any party may otherwise have at law or in equity, except <br />where this Agreement expressly provides otherwise. <br />d. Only the Board of Kittitas County Commissioners is authorized to agree to <br />modifications on behalf of the County. <br />IO. SEVERABILITY. <br />a.If for any reason any part, term or provision of this Agreement is held by a court of <br />the United States to be illegal, void or unenforceable, the validity of the remaining <br />provisions shall not be affected, and the rights and obligations contained in this <br />a. <br />b <br />c <br />Upper County Transportation Agreement <br />Between HopeSource and Kittitas County Page 6 of 7