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Ootrign Envelope lD: 934cC55C- 54E1 -45o2-8812-D617 9D2O1CDB <br />State of Washington Department of Ecology <br />Agreement No: WRYBIP-2325-KiCPWD-00072 <br />Project Title: Springwood Ranch Stewardship and Plaruring <br />Recipient Name: Kittitas County Public Works Department <br />event shall ECoLOGy,s reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments ' <br />If payments have been discontinued by ECoLoGy due to unavailable funds, the RECIPIENT shall not be obligated to repay <br />monies which had been paid to the RECIPIENT prior to such termination' <br />RECI'IENT,s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of <br />funds by the RECIPIENT's goveming body' <br />c) By Mutual Agreement <br />ECOLOG' and the RECIpIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement' <br />d) In Event of Termination <br />All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials <br />prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the <br />RECIpIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such <br />documents and other materials. <br />Nothing contained herein shalr precrude ECoLoGy from demanding repayment of all funds paid to the RECIPIENT in <br />accordance with Recovery of Funds, identified herein' <br />29. THIRDPARTYBENEFICIARY <br />RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of <br />washington is named as an express third party beneficiary of such subcontracts with full rights as such' <br />30. V/ATVER <br />waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach ' and will <br />not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized <br />representative of ECOLOGY. <br />End of General Terms and Conditions <br />Page23 of23 <br />Template Version 12 I 1 0 I 2020