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maximum participation by small and minority businesses, and women's business enterprises; <br /> d. Establishing delivery schedules, where the requirement permits, which encourage participation <br /> by small and minority businesses, and women's business enterprises; and <br /> e. Using the services and assistance, as appropriate, of such organizations as the Small Business <br /> Administration and the Minority Business Development Agency of the Department of Commerce. <br /> The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize the <br /> State of Washington MWBE goals, as identified in. WAC 326-30-041. <br /> A.40 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. Venue of any suit between the parties arising <br /> out of this Agreement shall be the Superior Court of Thurston County,Washington. The SUBRECIPIENT, <br /> by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. <br /> A.41 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 <br /> of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any <br /> performance during such breach, shall not constitute a waiver of any right under this Agreement. <br /> Mitigation Project Grant Agreement Page 22 of 29 City of Everett, D22-024 Revised <br /> Form 4/17/2020 <br />