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6 <br /> 4.14 Termination for Cause <br /> If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the <br /> loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the <br /> BOARD may terminate the agreement in whole or in part at any time. The BOARD shall promptly <br /> notify the LOCAL GOVERNMENT in writing of its determination to terminate, the reason for such <br /> termination, and the effective date of the termination. Nothing in this section shall affect LOCAL <br /> GOVERNMENT obligations to repay the unpaid balance of the loan. <br /> 4.15 Termination For Convenience <br /> The BOARD may terminate this agreement in the event that federal or state funds are no longer <br /> available to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations <br /> under this agreement. Termination will be effective when the BOARD sends written notice of <br /> termination to the LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL <br /> GOVERNMENT obligations to repay the unpaid balance of the loan. <br /> 4.16 Governing Law and Venue <br /> This agreement shall be construed and enforced in accordance with, and the validity and performance <br /> hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties <br /> arising out of this agreement shall be the Superior Court of Thurston County, Washington. The <br /> prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 <br /> RCW). <br /> 4.17 Severability <br /> If any provision under this agreement or its application to any person or circumstances is held invalid <br /> by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement <br /> which can be given effect without the invalid provision. <br /> 4.18 Project Completion <br /> The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when <br /> the activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the <br /> LOCAL GOVERNMENT will provide the following information to the BOARD: <br /> 1. A copy of the Close-out Report. <br /> 2. A copy of a resolution accepting the project design as being complete. <br /> 3. Certification that all costs associated with the project have been incurred. Costs are incurred when <br /> goods and services are received and/or contract work is performed. <br /> Page 8 <br /> 2003 PWTF Pre-Construction Loan Agreement <br /> 33 <br />