11.25.2024 PW _CDS SS Briefings - Laserfiche WebLink

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the Attorney General, of any legal expense associated with any legal review before any venue of first review(e.g.,PCHB,ELUHB, Superior Court,etc.).Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department. Such costs shall include the costs of any attorney's fees and other reasonable costs incurred by Ecology in connection with any first venue legal review proceedings. The Applicant shall not be liable for such administrative review costs incurred by Ecology in excess of the supplemental performance security amount. C. Decisions on Applicant's application(s). Final decisions on any aspect of the Applicant's application(s),as well as any such senior application(s)which must be acted upon before the Applicant's,shall be made by Ecology. The Applicant shall have no control or direction over the work of Ecology staff,independent consultants working for Ecology,or attorneys representing Ecology. The Applicant shall have no direction or control of processing and decision-making on any application(s)processed pursuant to this CRA, either during processing and decision-making or through any such subsequent venue of first legal review D. Termination. 1. For Cause. Either Party may terminate this CRA upon five(5)days written notice if the other Party has breached any of the terms of this CRA and has failed to remedy such breach within thirty(30)days following receipt of notice of the breach. 2. For Lack of Authorization. This CRA will terminate immediately if the Legislature repeals the law under which this CRA is authorized or the courts declare it unlawful if such repeal or declaration is intended to affect existing CRAB. In the event legislative authority to expend funding pursuant to RCW 43.21A.690,RCW 90.03, and RCW 90.44 is withdrawn or amended,Ecology may terminate the contract under the Termination for Convenience clause, without a 30-day notice requirement as required for termination for cause,subject to renegotiation under those legislative authority limitations and conditions. 3. For Convenience. Except as otherwise provided in this contract,either Party may,by five (5) days written notice to the other Party and any relevant contractors assigned pursuant to this CRA,with 5 days beginning on the second day after the mailing,terminate this contract for its convenience. 4. Procedure. If either Party terminates this CRA for any reason before Ecology has rendered a decision on the Applicant's application(s),or on any such senior application(s)which must be acted upon before the Applicant's,the Applicant shall reimburse Ecology for costs incurred under this CRA up to, and through,the effective date of termination. Upon termination,if the Applicant does not reimburse Ecology for the costs incurred within thirty-two(32)days of Ecology's mailing written demand,Ecology may recover the costs from any performance security posted with or delivered to Ecology as applicable,and shall return or release the unneeded portions of the performance security to the Applicant within thirty(30)days after obtaining satisfaction of all costs incurred. If such recovery is inadequate to obtain full reimbursement,the Applicant shall be liable to Ecology for any remaining unpaid costs; a. If either Party terminates this CRA for any reason after Ecology has rendered a decision on the Applicant's application(s),or on any such senior application(s)which must be acted upon before the Applicant's,the Applicant shall continue to reimburse Ecology,even after termination,and this CRA shall remain in effect,for costs incurred under this CRA up to, and through,any final decision by any such subsequent venue of first legal review,on any and all decisions so rendered by Ecology before the Applicant terminated this CRA. Upon Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 11 of 16