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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 /> 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 /> f. 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 /> 6 <br />