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A.37 <br />subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited <br />purpose of permitting the State to enfor"ce the terms of this Agieement in the Superior Court of <br />Washington under Washington law, and venue for such suit shalf be the Superior Court of Thurston <br />county, washington. this limited waiver of iovereign immunity is solely for the benefit of the state' This <br />limited waiver of sovereijn immunity shall not be f6r, nor shall it be construed as for, the benefit of any <br />other person or entity, and the Tribe does not waive its immunity with respect to any aciion brought by' <br />or on behalf of, any other entity or person' <br />WAIVERS <br />No conditions or provisions of this Agreement can be waived unless approved in advance by the <br />Department in writing. The Department's failure to insist upon strict performance of any provision of the <br />Agreement or to exeicise any iigrrt uaseo upo" a b_reach.thereof, or the acceptance of any performance <br />Oriring such breach, shall noi constitute a waiver of any right under this Agreement' <br />DHS-FEMA-EMPG-FY24 Page 24 of 44 Kittitas CountY, E25-254