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3 <br /> SECTION 40. GOVERNING LAWNENIJE <br /> This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington.In the event of a lawsuit <br /> involving this Agreement,venue shall be in Thurston County Superior Court if legally proper;otherwise venue shall be in a county <br /> where the project is situated.The sponsor,by execution of this Agreement acknowledges the jurisdiction of the courts of the State of <br /> Washington. <br /> In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe,the following governing <br /> law/venue applies: <br /> A. Notwithstanding the above venue provision,if the State of Washington intends to initiate a lawsuit against a federally recognized <br /> Indian tribe relating to the performance,breach or enforcement of this Agreement,it shall so notify the Tribe. If the Tribe believes <br /> that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court,the Tribe shall so notify the State <br /> within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State,the State shall <br /> bring such lawsuit in federal court;otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of <br /> the Agreement shall be according to applicable State law,except to the extent preempted by federal or tribal law. In the event <br /> suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute <br /> between the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court. <br /> B. Any judicial award,determination,order,decree or other relief,whether in law or equity or otherwise,resulting from such a <br /> lawsuit shall be binding and enforceable on the parties. Any money judgment or award against a Tribe,tribal officers and <br /> members,or the State of Washington and its officers and employees may exceed the amount provided for in Section F-Project <br /> Funding of the Agreement in order to satisfy the judgment. <br /> C. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of allowing the State to bring such <br /> actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the <br /> performance or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any <br /> third party or by any assignee of the parties.In any enforcement action,the parties shall bear their own enforcement costs, <br /> including attorneys'fees. <br /> For purposes of this provision,the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the <br /> right of the RCO to enforce this Agreement. <br /> SECTION 41. SEVERABILITY <br /> • The provisions of this Agreement are intended to be severable.If any term or provision is illegal or invalid for any reason whatsoever, <br /> . such illegality or invalidity shall not affect the validity of the remainder of the Agreement. <br /> • <br /> VVWRP Project Agreement-RCO#12-1085D Outdoor Recreation Account <br /> Chapter 79A.15 RCW,Chapter 286 WAC 2 4 Page 15 of 15 <br /> PROJAGR.RPT <br />