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LT-2025-OO5 JUNK-TIQUEN IN THE BURG <br />e. The section and paragraph headings of this Agreement are for reference convenience only <br />and are not intended to restrict, affect or be of any weight in interpreting or construing the <br />provisions of such sections or paragraphs, <br />f. This Agreement may be executed in one or more counterparts by facsimile, each of which will <br />be deemed an original, but all of which together will constitute one and the same instrument. <br />g. Contractor warrants to the County that the individualsigning on Contractor's behalf has the <br />requisite power and authority to enter into and to perform Contractor's obligations under <br />this Agreement. Contractor further warrants to the County that Contractor has made no <br />misrepresentation or misleading statement in connection with this Agreement, and is not in <br />violation of any applicable law, ordinance, or regulation the consequence of which will or may <br />materially affect Contractor's ability to perform its obligations under this Agreement. <br />h. lf 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 or <br />applications which can be given effect without the invalid term, condition or application. To this <br />end, the terms and conditions of this Agreement are declared severable. <br />i, The exclusive venue for any action brought to enforce this Agreement or any of its terms shall <br />be in Kittitas County, State of Washington. <br />j. The performance of this Agreement is subject to termination without liability by either party <br />upon the occurrence, or upon the prediction by the National Oceanic and Atmospheric <br />Administration, any other agency of the United States Government, or any agency of the <br />Government of the State of Washington of the occurrence of any circumstance beyond the <br />control of either party-including, without limitation, acts of God, war, acts of terrorism <br />within a fifty (50) mile radius of Kittitas County, government regulations, disaster, <br />pandemic/epidemic illness, strikes or threat of strikes (except that neither party may <br />terminate this Agreement for situations involving that party's own employees), civil disorder, <br />or curtailment of transportation facilities-to the extent that such circumstance makes it <br />illegal , impossible or economically impracticable for the parties to complete the duties and <br />mutual obligations agreed upon and imposed upon them herein, The ability to terminate this <br />Agreementwithout liability pursuanttothis paragraph is conditioned upon deliveryof written <br />notice from one party to the other within 10 days of such occurrence or upon delivery of <br />written notice from one party to the other within 24 hours of the receipt of notice of the <br />prediction of any of the above occurrences. To the extent feasible within the constraints <br />imposed by any event of the type described above, the parties agree that if the triggering <br />event is of apparently or likely transitory effect, the parties may negotiate such amendments <br />to the agreement that are mutually satisfactory and not otherwise contrary to law, including <br />but not limited to a change in the dates for completion of any portion or the entirety of this <br />agreement. <br />_2025 County Lodging Tax Funding Agreement Page 6