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Agreement No: W2RCPG-1517-EverPW-00022 Page 19 of 19 <br /> Project Title: 2015-17 CPG City of Everett WR&R <br /> Recipient Name: City of Everett Public Works Department <br /> availability of 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 <br /> agreement. <br /> d) In Event of Termination <br /> All finished or unfinished documents,data studies, surveys,drawings,maps,models,photographs,reports or other <br /> materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY,will become property of <br /> ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work <br /> completed on such 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 /> 28. THIRD PARTY BENEFICIARY <br /> RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state <br /> of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. <br /> 29. WAIVER <br /> Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, <br /> and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the <br /> authorized representative of ECOLOGY. <br /> GENERAL TERMS AND CONDITIONS LAST UPDATED 12/25/2015 <br /> W 2RCPG-1517-EverP W-00022 <br />