Snohomish Conservation District 8/15/2022

4. Modifications to Scope of Work. And Budget. The City and District may modify the Scope of Work and Budget attached as Exhibit A. Any such modification must be in writing and must be signed by the Director of Public Works on behalf of the City and by an authorized representative of the District. 5. Termination. A. Any party may terminate this Agreement at any time,with or without cause, upon not less than thirty(30) days written notice to the other party. B. This Agreement is contingent upon grant funding. In the event that funding from any source is withdrawn, reduced, limited, or not appropriated after the effective date of this Agreement and prior to normal completion,this Agreement may be terminated by any party immediately upon written notice to the other party. C. Upon termination of this Agreement as provided in this section or elsewhere, the City shall be paid only for work performed or expenses incurred prior to the effective date of termination. No payment shall be made for any expense incurred or work done following the effective date of termination unless authorized in writing by the District. 6. General Provisions. A. Administration. Each party to this Agreement shall serve as an administrator of this Agreement for the purposes of compliance with RCW 39.34.030 for each party's respective actions in performance of this Agreement. No separate administrative entity is created by this Agreement. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. B. Governing Law.The laws of the State of Washington, without giving effect to principles of conflict of laws, govern all matters arising out of or relating to this Agreement. C. Venue.The parties shall bring any litigation arising out of or relating to this Agreement only before the Snohomish County Superior Court. D. Complete Agreement. This Agreement constitutes the entire agreement of the parties relating to the subject matter of this Agreement. This Agreement supersedes and replaces all other written or oral agreements thereto. E. Waiver. No waiver of satisfaction of any condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or nonperformance of any other obligation. 2