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4.37 <br />suit beiween ihe parties arieing out of this Agreement shall be the Superior Court of Thurston County, <br />Washington, and the Subrecipient, by execution of this Agreement, acknowledges the iuriadiction of the <br />courts of the state of Washington, Provided, that if the Subrecipient is a federally recognized lndian Tribe, <br />the pafties agree that, in the event either party to this Agreement commences any suit relating to or <br />arising from the Agreement, the United States District Court for the Western District of the State of <br />Washington shall havethe sole and exclusive jurisdiction over such proceeding. lf lhe court lacks federal <br />subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited <br />purpoee of permitting the State to enforce the terms of this Agreement in the $uperior Court of <br />Washington under Washington law, and venue for such suit shall be the $uperior Courl of Thurston <br />County, Washington, This limited waiver of sovereign immunity is solely for the benefit of the State, This <br />limited waiver of sovereign immunity shall not be for, nor shall it be construed as for, the benefit of any <br />other person or entity, and the Tribe does not waive its immunity with respect to any action brought by, <br />or on behalf of, any other entity or person. <br />WAIVERS <br />frfo-conOitioiis-6Fiirovibiiins ijf ihis A$reement can-ne-waiveO-uni6is apprwed"in advance by the <br />Departmeni in writing. The Department's failure to insist upon strict perforrnance 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 />D HS-FEMAHSG P-SH$P.FY24 Page 24 of48 Kittitas Co unty, q-25-224