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Docusign Envelope lD: 223ECAE8-BCEA-4746-958D-2D7D9059292A <br />Section 6. lndustrial lnsurance Waiver. <br />lntentionally omitted <br />Section 7. lnsurance. <br />Funding Recipient, an agency of the State of Washington, warrants that it is self-insured <br />against liability claims in accordance with the risk management and tort claims statutes, <br />including chapter 4.92 RCW and RCW 43.19.760 et seq. The tort claims procedure, RCW <br />4.92.100 et seq., provides the fundamental remedy for all tort liability claims against the <br />Funding Recipient and its officers, employees, and agents acting as such, and all such <br />claims must be filed and processed as provided therein. The Funding Recipient agrees to <br />provide proof of insurance at the request of the County; however, the Funding Recipient <br />shall not be required to name the County as an Additional lnsured. <br />Section 8. Termination <br />The County may, by 30 days' written notice thereof to Funding Recipient, terminate this <br />Agreement as to all or any portion of the Services not yet performed, whether or not <br />Funding Recipient is in breach or default. Upon receiving such notice of termination, <br />Funding Recipient shall, except as otherwise directed by the County, immediately stop <br />performing the Services to the extent specified in the notice. ln the event the County <br />terminates the Funding Recipient's Services, the Funding Recipient is obligated and hereby <br />agrees to refund to the County all monies paid for Services not yet rendered by the <br />Funding Recipient, if any, as of the date of the notice of termination. <br />Notwithstanding the foregoing, this Agreement may also be terminated in whole or in part <br />by mutual consent and written agreement setting forth the conditions of termination, <br />including effective date and, in case of termination in part, that portion to be terminated. <br />Section 9. Miscellaneous. <br />a. Funding Recipient shall not (by contract, operation of law or otherwise) assign this <br />Agreement or any right or interest in this Agreement without the County's prior <br />written consent. <br />b. This Agreement embodies the entire Agreement between the County and Funding <br />Recipient, and supersedes any and all prior oral or written communications, proposals, <br />conditions, promises, representations, or understandings regarding the Services. No <br />change, amendment or modification of any provision of this Agreement shall be valid <br />unless set forth in a written amendment to the Agreement signed by both parties. <br />c. Notice for any purpose under this Agreement, except service of process, shall be <br />given by the Funding Recipient to the Kittitas County Commissioners and the Kittitas <br />County Public Works Director, 411 North Ruby, Suite 1, Ellensburg, WA 98926. For all <br />purposes under this Agreement, any notice by the County to the Funding Recipient <br />shall be given to the Funding Recipient's address provided on the signature page. <br />Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage <br />prepaid, certified mail, return receipt requested. <br />Distressed County Soles ond Use Tqx lnfrastructure lmprovement Program Funding Onr""trE,L <br />n