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State of Washington Department of Ecology <br />Agreement No: SWMWRRED-2022-KiCoSW-00023 <br />Project Title: Kittitas Co SW <br />Recipient Name: KITTITAS COUNTY SOLID WASTE DEPARTMENT <br />Psge 21 of?4 <br />27. SUSTAINABLEPRACTICES <br />In order to sustain Washington's natural resoulces and ecosystems, the RECIPIENT is fully encouraged to implement <br />sustainable practices and to purchase environmentally preferable products under this Agreement, <br />a) Sustainable practices may include such activities as: use of clean energy? use of double-sided printing, hosting low impact <br />meetings, and setting up recycling and composting programs. <br />b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and <br />imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced <br />packaging, office products that are refillableo rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free <br />products. <br />For more suggestions visit ECOLOGY's web page, Green purchasing, <br />https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. <br />28, TERMINATION <br />a) For Cause <br />ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the <br />RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of <br />any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs <br />incuned in accordance with the terms of this Agreement prior to the effective date of termination. <br />Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to cornmence work <br />on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in <br />writing for commencement of work, or the time period defined within the Scope of Work. <br />Non'Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the <br />RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT u4justifiably fails, in the opinion of <br />ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, <br />terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. <br />Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY <br />and the State of Washington because of any breach of thisAgreement by the RECIPIENT. ECOLOGY may withhold <br />payments for the purpose of setoffuntil such time as the exact arnount of damages due ECOLOGY from the RECIPIENT is <br />determined. <br />b) ForConvenience <br />ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of <br />ECOLOGY, with a thirfy (30) calendar days prior written notificationto the RECIPIENT, except as noted below If this <br />Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in ascordance with the <br />terms of this Agreement prior to the effective date of termination. <br />Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding <br />from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the <br />completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in <br />whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to <br />suspend performance of the Agreement until ECOLOGY determines the funding insufliciency is resolved. ECOLOCY may <br />exercise 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 termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENTthrough the <br />effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no <br />Template Version lA IA?AZA