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DocuSign Envelope ID:F3D9A733-6A18-49BE-8AF8-0CF4070E5C06 <br /> State of Washington Department of Ecology Page 41 of 41 <br /> Agreement No: WQC-2022-EverPW-00090 <br /> Project Title: City of Everett Stormwater Management Action Plan <br /> Recipient Name: City of Everett Public Works <br /> event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. <br /> If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay <br /> monies which had been paid to the RECIPIENT prior to such termination. <br /> RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of <br /> funds by the RECIPIENT's governing body. <br /> c) By Mutual Agreement <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 /> End of General Terms and Conditions <br /> Template Version 12/10/2020 <br />