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State of Washington, Department of Ecology <br />IAA No. C2600194 <br />Entity Name: Kittitas County Public Health Department <br />7. ASSURANCES <br />Parties to this Agreement agree that all activity pursuant to this agreement will be in accordance with all <br />the applicable current federal, state, and local laws, rules, and regulations. <br />8. CONFORMANCE <br />If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is <br />considered modified to conform to that statute or rule of law. <br />9. DISPUTES <br />Parties to this Agreement shall employ every effort to resolve a dispute themselves without resorting to <br />litigation. In the event that a dispute arises under this Agreement that cannot be resolved among the <br />parties, it shall be determined by a Dispute Board in the following manner. Each party to this <br />Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly <br />appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, <br />agreement terms, and applicable statutes and rules, and then make a determination of the dispute. The <br />determination of the Dispute Board shall be final and binding on the parties hereto, unless restricted by <br />law. The cost of resolution will be borne by each party paying its own cost. As an alternative to this <br />process, if state agencies, either of the parties may request intervention by the Governor, as provided by <br />RCW 43.17.330, in which event the Governor's process will control. The parties may mutually agree to a <br />different dispute resolution process. <br />10. FUNDING AVAILABILITY <br />ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from <br />state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and <br />prior to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to <br />terminate the Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to <br />new funding limitations and conditions. ECOLOGY may also elect to suspend performance of the <br />Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any <br />of these options with no notification restrictions, although ECOLOGY will make a reasonable attempt to <br />provide notice. <br />In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the <br />CONTRACTOR through the effective date of termination or suspension. Reimbursed costs must be <br />agreed to by ECOLOGY and the CONTRACTOR. In no event shall ECOLOGY's reimbursement exceed <br />ECOLOGY's total responsibility under the agreement and any amendments. <br />11. GOVERNING LAW AND VENUE <br />This Agreement is entered into pursuant to and under the authority granted by the laws of the state of <br />Washington and any applicable federal laws. The provisions of this Agreement shall be construed to <br />conform to those laws. This Agreement shall be construed and interpreted in accordance with the laws <br />of the state of Washington, and the venue of any action brought hereunder shall be the Superior Court <br />for Thurston County. <br />Version 1/5/2026 <br />