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Docusign Envelope lD' D1 AAAE83-Fcl F*483D-BCEC-A848D08F9363 <br />State of Wa.shlngton Depaftlent of Ecology <br />Agreement No: AQOBC'2024-KiCPHD-00010 <br />Project Title: Community-Led Air Quality Improvement ior Ellensburg <br />Recipient Name: Kittitas County - Public Health Department <br />event shall ECoLoGy's reimbursemert exceed ECOLOGY's total responsibility under the Agreement and any arnendments. <br />lf 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 />RECIpIENT'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 MutualAgreement <br />ECOLOGY 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 />A1l finished or unfinished documents, data studies, suryeys, 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 shall preclude 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 subconkacts with full rights as such' <br />30. WAIYER <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 ofthe 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 />Page 28 of28 <br />Tempf ate Version 121 I 0/2020