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31. SEVERABILITY: Any subsequent determination of invalidity of individual <br />clauses of this contract shall not render the entire contract invalid. <br />32. EQUIPMENT USE: The Association is authorized to provide and use their own <br />equipment to prepare the grounds during the time of occupancy and the period leading up to <br />occupancy, as permitted by and coordinated with the Kittitas Valley Event Center Director. <br />Equipment must be operated in a safe and lawful manner and only for uses consistent with this <br />Agreement. The Association is responsible for acquiring any legally required permits, licenses, <br />or insurance and for ensuring equipment operators are properly trained. The County will not be <br />responsible for the Association's equipment, or any damage caused by its use or sustained by the <br />Association as a result of its use. The Association shall be responsible for any injury to the <br />equipment operators, or others injured by the use of the equipment and/or any property damage <br />resulting from such use. <br />The Association is further authorized to use County owned equipment for purposes <br />consistent with this, subject to availability, and the conditions and limitations listed in the <br />paragraph above. The Association must coordinate and receive authorization from the Kittitas <br />Valley Event Center Director, or the Director's designee, before assuming use of County owned <br />equipment. The Director reserves the right to deny authorization for County owned equipment. <br />The equipment must be returned to the same or better condition than when it was borrowed. No <br />alterations or modifications of equipment shall be allowed. Association shall immediately report <br />any damage to or issues with County owned equipment to the Kittitas Valley Event Center <br />Director, or the Director's designee. <br />33. FORCE MAJEURE: If performance of this Agreement or any obligation under <br />this Agreement is prevented, restricted, or interfered with by cause beyond either party's <br />reasonable control ("Force Majeure"), and if the parry unable to carry out its obligations gives <br />the other party prompt written notice of such event, then the obligations of the parry invoking <br />this provision shall be suspended to the extent necessary by such event. The term Force Majeure <br />shall include, without limitation, acts of God, fire, explosion, pandemics, vandalism, storm or <br />other similar occurrence, orders or acts of military or civil authority, or by national emergencies, <br />insurrections, riots, or wars, or strikes, lockouts, work stoppages, other labor disputes, or supplier <br />failures. The excused parry shall use reasonable efforts under the circumstances to avoid <br />removing such causes of non-performance and shall proceed to perform with reasonable dispatch <br />whenever such causes are removed or ceased. An act or omission shall be deemed within the <br />reasonable control of a party if committed, omitted, or caused by such party, or its employees, <br />officers, agents, or affiliates. <br />Ellensburg Rodeo Association Contract January 1, 2025 through December 31, 2034 <br />