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Page 41 of 41State of Washington Department of Ecology <br />Agreement No: <br />Project Title: <br />Recipient Name: <br />WQC-2025-EverPW-00038 <br />Riverpoint Outfall Replacement <br />City of Everett <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 />Docusign Envelope ID: F2F2C641-00FF-4CD2-8410-C8E2A1EA5EB0