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through the effec <br />State of Washington <br />Agreement No; <br />Project Title - <br />Recipient Name, <br />Department of Ecology <br />SEAFBI)-2527-KICPVVID-00022 <br />Upper Yakima River Floodplain and Habitat Restoration Implementation <br />Kittitas County - Public Works Department <br />funding insufficiency is resolved. ECOLOGY may exercise any of these options "•ith no notification or restrso <br />ictions, <br />although ECOLOGY will make a reasonable attempt to provide notice,, <br />In the event oftermination or suspension, ECOLOGY will reimburse eligible costs incurred by thpRFICIPUNT <br />tive date of termination or suspension,, Reimbursed costs must he agreed to hy F 1117, (-) L;,,,rl40 <br />RECIPIENT. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the <br />Agreement and any amendments. <br />If payments have been discontinued by ECOLOGY due t <br />to r <br />epay monies which had been paid <br />RECIPIENT <br />unavail <br />rior to s <br />a, <br />'s obligation to continue or complete the work described availability of funds by the RECIPIENT's governing body. <br />c) By Mutual Agreement 4P <br />an <br />to the RECIPIENT p <br />the <br />able funds, the RECIPIENT shall not be obligated <br />termination. <br />in this Agreement shall <br />uch <br />be contingent upon <br />ty <br />ECOL03Y and the FUECIPIENT may terminate this Agreement, in whole or in part, at any time., by mutual written <br />agreement. <br />d) In Event of Termination <br />All finished or unfinished. documents, data studies, surveys, drawings, maps., models, photographs., reports or other <br />materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of <br />ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for <br />y satisfactory <br />work completed on such documents and other materials. <br />Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the <br />RECIPIENT in accordance with Recovery of Funds, identified herein. <br />290 THIRD PARTY BENEFICIARY <br />RECIPIENT shall ensure that in all subcontracts entered into b� the I E I P1 EN I' pursuant to this Agreement, the <br />state of Washington is named as an express third par <br />beneficiary of such subcontracts with full rights as such. <br />30. WAIVER <br />Waiver of a default or breach of an)YT Provision of this Agreement is not a waiver of any subsequent default or <br />breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing <br />by the authorized representative of ECOLOGY. <br />End of General Terms and Conditions <br />Template Version 12/10/2020 <br />Page 24 of 24 <br />