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under the state of Washington certification program to apply and compete for work under this contract, <br />Voluntary numerical MWBE participation goals have been established and are indicated herein: Minority <br />Business Enterprises: (MBE's): 10% and Woman's Business Enterprises (WBE's): 6%. <br />A.36 VENUE <br />This Agreement shall be construed and enforced in accordance with, and the validity and performance <br />shall be governed by, the laws of the state of Washington. Except for as provided herein, the exclusive <br />venue of any suit between the parties arising out of this Agreement shall be the Superior Court of <br />Thurston County, Washington, and the Subrecipient, by execution of this Agreement, acknowledges the <br />jurisdiction of the courts of the state of Washington. Provided, that if the Subrecipient is a federally <br />recognized Indian Tribe, the parties agree that, in the event either party to this Agreement commences <br />any suit relating to or arising from the Agreement, the United States District Court for the Western District <br />of the State of Washington shall have the sole and exclusive jurisdiction over such proceeding. If the <br />court lacks federal subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from <br />suit for the limited purpose of permitting the State to enforce the terms of this Agreement in the Superior <br />Court of Washington under Washington law, and venue for such suit shall be the Superior Court of <br />Thurston County, Washington. This limited waiver of sovereign immunity is solely for the benefit of the <br />State. This limited waiver of sovereign immunity shall not be for, nor shall it be construed as for, the <br />benefit of any other person or entity, and the Tribe does not waive its immunity with respect to any action <br />brought by, or on behalf of, any other entity or person. <br />A.37 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 exercise any right based upon a breach thereof, or the acceptance of any performance <br />during such breach, shall not constitute a waiver of any right under this Agreement. <br />DHS-FEMA-HSGP-SHSP-FY25 Page 24 of 56 Kittitas County, E26-350 <br />