DOE SWMCLCP-2123-KiCSW-00045 - Laserfiche WebLink

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$bE of Wesbirytm Dcprrtmcnt of Ecolojy AgrecnrcntNo: SWMCrcPtl2!'KiCoSW{XX}45 hojcct fitle KiCoSW-0(X)4s Litter and lllegal flump Cleanup ard Prwention Pmjcct RccipicntName: KITTITASCOUNTYSOLIDWASTE Prgs2l of22 27. SUSTAINABLEPRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fulty encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainablepractices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recychng and composting programs. b) Purchasing may include such items as: sustainably produced producrc and services, EPEAI registered computen and imaging equipment independently cortified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. Formore suggestions visit ECOLOGY's web page, Green Purchasin8i, https://ecology.wa.govlRegulations-Permits/Guidance-technical-assistance/Sustainable-pwchasing. 28. TERMINATION a) ForCause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at lhe sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall bc liable only for perfonnance rendered or costs inc,urred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project firnded within four (4) months after the effective date of this Agreement, or by any date muhrally agreed upon in $'riting for commcncemcnt of work, or the time period dsfmsd u'ithin the Scope of Work. Non-Performance- The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreernent. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to pcrform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in wholc or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold paym€nts for the purpose of setoffuntil such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) ForConvenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOCY, with a thirty (30) calcndar days prior written notification to thc RECIPIENT, exc€pt as noted below. If this Agreement is so terrrinatcd, the parties shall be liable only for performance rendered or costs incuned in accordance with the 1"*6 ef this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event ftnding from state, ffieral or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate theAgreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agrecment until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of tennination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the efrective date of tcrmination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIIJNT. tn no Template Version lA rcn020