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A.36 VENUE <br />This Agreement shall be construed and enforced in accordance with, and the validity and performance <br />shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising <br />out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by <br />execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. <br />A.37 WAIVERS <br />No conditions or provisions of this Agreement can be waived unless approved in advance by the <br />Department in writing. The Department's failure to insist upon strict performance of any provision of the <br />Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance <br />during such breach, shall not constitute a waiver of any right under this Agreement. <br />DHS-FEMA-EMPG-FY23 Page 24 of 41 Kittitas County, E24-341 <br />