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compliance breach and pending corrective action by the Grantee or a decision by WSDA to terminate the <br />Agreement. <br />e. The rights and remedies of WSDA provided in this contract are not exclusive and are, in addition to any <br />other rights and remedies, provided by law. <br />28. ORDER OF PRECEDENCE <br />In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in <br />the following order: <br />a. Applicable federal and state of Washington statutes and regulations <br />b. Grant Agreement Face Sheet <br />c. Terms and Conditions <br />d. Attachments <br />29. OWNERSHIP OF PROPERTY <br />WSDA makes no claim to any real property improved or constructed with funds awarded under this Agreement, <br />does not assert, and will not acquire any ownership interest in or title to the capital facilities and/or equipment <br />constructed or purchased with state funds under this Agreement. This provision does not extend to claims that <br />WSDA may bring against the Grantee in recapturing funds expended in violation of this Agreement. <br />30. ENTIRE AGREEMENT <br />This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral <br />or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties <br />hereto. <br />31. GOVERNING LAW AND VENUE <br />This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and <br />the venue of any action brought hereunder shall be in the Superior Court for Thurston County. <br />32. SEVERABILITY <br />The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any <br />reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. <br />33. SURVIVAL <br />The terms, conditions, and warranties contained in this Agreement that by their sense and context are intended to <br />survive the completion of the performance, cancellation, or termination of this Grant shall so survive, including but <br />not limited to the following sections: Capital Project, Community Benefits, Change of Ownership or Use, <br />Evaluation and Monitoring, Recapture Provision, Hold Harmless, and Records Maintenance. <br />34. WAIVER <br />WSDA's failure to insist on strict performance of any provision in this Agreement or to exercise any right based <br />upon a breach of any provision or the acceptance of any performance during such breach, shall not constitute a <br />waiver of any right under this Agreement. <br />35. GRANT MANAGEMENT <br />The Agreement manager for each of the parties shall be responsible for and shall be the contact person for all <br />communications and billings regarding the performance of this Agreement. <br />The Agreement Manager for the Grantee is: The Agreement Manager for WSDA is: <br />Kady Porterfield, CFE- Event Center Director Anne Norman, Fairs Program Administrator <br />Kittitas Valley Event Center Washington State Dept. of Agriculture <br />901 East 7th Avenue 1111 Washington Street SE <br />Ellensburg, WA 98926 PO Box 42560 <br />Telephone: 509-962-7635 Olympia, WA 98504-2560 <br />E-mail: kady.r)orterfield(a)co.kittitas.wa.us Telephone: 360-902-2043 <br />Email: fairs(&aar.wa.aov <br />Kittitas County Page B Fair Capital Project Grant <br />K5060 <br />