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6 <br /> State of Washington Department of Ecology Page 21 of 21 <br /> Agreement No: WQSWCAP-1921-EverPW-00049 <br /> Project Title: 2019-2021 Biennial Stormwater Capacity Grants <br /> Recipient Name: City of Everett <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 /> All finished or unfinished documents,data studies,surveys,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. THIRD PARTY BENEFICIARY <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 subcontracts with full rights as such. <br /> 30. WAIVER <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 of the terms of this Agreement unless stated as such in writing by the authorized <br /> representative of ECOLOGY. <br /> 24 <br />