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subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited <br />purpose of permitting the State to enforce the terms of this Agreement in the Superior Court of <br />Washington under Washington law, and venue for such suit shall be the Superior Court of Thurston <br />County, Washington. This limited waiver of sovereign immunity is solely for the benefit of the State. This <br />limited waiver of sovereign immunity shall not be for, nor shall it be construed as for, the benefit of any <br />other person or entity, and the Tribe does not waive its immunity with respect to any action brought by, <br />or on behalf of, any other entity or person. <br />A.37 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 of the <br />Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance <br />during such breach, shall not constitute a waiver of any right under this Agreement. <br />DHS-FEMA-EMPG-FY25 <br />Page 24 of 50 City of Everett, E26-223 <br />