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Docusign Envelope ID: 223ECAE8-BCEA-4746-958D-2D7D9059292A <br />d. The section and paragraph headings of this Agreement are for reference <br />convenience only and are not intended to restrict, affect or be of any weight in <br />interpreting or construing the provisions of such sections or paragraphs. <br />e. This Agreement may be executed in one or more counterparts and by facsimile, <br />each of which will be deemed an original, but all of which together will constitute one <br />and the same instrument. <br />Funding Recipient warrants to the County that the individual signing on Funding <br />Recipient's behalf has the requisite power and authority to enter into and to perform <br />Funding Recipient's obligations under this Agreement. Funding Recipient further <br />warrants to the County that Funding Recipient has made no misrepresentation or <br />misleading statement in connection with this Agreement, and is not in violation of any <br />applicable law, ordinance, or regulation the consequence of which will or may <br />materially affect Funding Recipient's ability to perform its obligations under this <br />Agreement. <br />g. If 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 <br />or applications which can be given effect without the invalid term, condition or <br />application. To this end, the terms and conditions of this Agreement are declared <br />severable. <br />h. The exclusive venue for any action brought to enforce this Agreement or any of its <br />terms shall be in Kittitas County, State of Washington. <br />Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement <br />Page 5 <br />