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LT2024-001-ANASTASIA
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2024-03-05 10:00 AM - Commissioners' Agenda
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LT2024-001-ANASTASIA
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Last modified
5/6/2024 8:10:30 AM
Creation date
5/6/2024 8:10:04 AM
Metadata
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Template:
Meeting
Date
3/5/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve Lodging Tax Contract Agreements LT-2024-001 through LT-2024-025
Order
4
Placement
Consent Agenda
Row ID
115019
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LT -2O24-OO1.-A N ASTAS I A <br />d. Notice for any purpose under this Agreement, except service of process, shall be given by the <br />Contractor to the Kittitas County Commissioners and the Kittitas County Auditor, 205 W 5th Ave. <br />Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the <br />Contractor shall be given to the Contracto/s address provided on the signature page. Notice <br />may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid, certified <br />mail, return receipt requested. <br />e. The section and paragraph headings of this Agreement are for reference convenience only <br />and are not intended to restrict, affect or be of any weight in interpreting or construing the <br />provisions of such sections or paragraphs. <br />f. This Agreement may be executed in one or more counterparts and by facsimile, each of which <br />will be deemed an original, but all of which together will constitute one and the same <br />instrument. <br />g. Contractor warrants to the County that the individual signing on Contractor's behalf has the <br />requisite power and authority to enter into and to perform Contractor's obligations under <br />this Agreement. Contractor further warrants to the County that Contractor has made no <br />misrepresentation or misleading statement in connection with this Agreement, and is not in <br />violation of any applicable law, ordinance, or regulation the consequence of which will or may <br />materially affect Contractor's ability to perform its obligations under this Agreement. <br />h. lf any term or condition of this Agreement or the application thereof to any person(s) or <br />circumstances is held invalid, such invalidity shall not affect the other terms, conditions or <br />applications which can be given effect without the invalid term, condition or application. To this <br />end, the terms and conditions of this Agreement are declared severable. <br />The exclusive venue for any action brought to enforce this Agreement or any of its terms shall <br />be in Kittitas County, State of Washington. <br />The performance of this Agreement is subject to termination without liability by either party <br />upon the occurrence, or upon the prediction by the National Oceanic and Atmospheric <br />Administration, any other agency of the United States Government, or any agency of the <br />Government of the State of Washington of the occurrence of any circumstance beyond the <br />control of either party-including, without limitation, acts of God, war, acts of terrorism <br />within a fifty (50) mile radius of Kittitas County, government regulations, disaster, <br />pandemic/epidemic illness, strikes or threat of strikes (except that neither party may <br />terminate this Agreement for situations involving that party's own employees), civil disorder, <br />or curtailment of transportation facilities-to the extent that such circumstance makes it <br />illegal , impossible or economically impracticable for the parties to complete the duties and <br />mutual obligations agreed upon and imposed upon them herein. The ability to terminate this <br />Agreement without liability pursuant to this paragraph is conditioned upon delivery of written <br />notice from one party to the other within 10 days of such occurrence or upon delivery of <br />written notice from one party to the other within 24 hours of the receipt of notice of the <br />prediction of any of the above occurrences. To the extent feasible within the constraints <br />imposed by any event of the type described above, the parties agree that if the triggering <br />County Lodging Tax Funding Agreement Pdge 6
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