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4.37 <br />subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited <br />purbose of permifting the State to enforce the terms of this Agreement in the Superior Court of <br />Washington Under Washington law, and venue for such suit shall be the Superior Court of Thurston <br />County,-Washington. this limited waiver of sovereign immunity is solely for the benefit of the State. This <br />limited waiver of sovereign immunity shall not be for, nor shall it be construed as for, the benefit of any <br />other person or entity, anO the Tribe does not waive its immunity with respect to any action brought by, <br />or on behalf of, any other entity or person, <br />WAIVERS <br />lto conditions or proVisions of this Agreement can be waived unless approved in advance by the <br />Department in writing. The Departmenfs failure to insist upon strict performance of any provision of the <br />Agieement or to exercise any right based upon a breach thereof, or the acceptance of any performance <br />during such breach, shall not constitute a waiver of atry rigltt uttdu [tis Agteentettt. <br />DHS.FEMA-EMPG-FY25 Page 24 of 50 Kittltas County, E26-241