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4.13 Amendments,Modifications,and Waivers <br /> Except for an increase in the amount of the loan governed by this agreement,the LOCAL GOVERNMENT <br /> may request an amendment of this agreement for the purpose of modifying the SCOPE OF WORK or for <br /> extending the time of performance as provided for in Section 4.05. No modification or amendment resulting <br /> in an extension of time shall take effect until a request in writing has been received and approved by the <br /> BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved <br /> in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or <br /> provisions of this agreement may be waived unless approved by the BOARD in writing. <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 loan <br /> proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may <br /> terminate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL <br /> GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the <br /> effective date of the termination. Nothing in this section shall affect LOCAL GOVERNMENT obligations <br /> 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 available to <br /> the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this <br /> agreement. Termination will be effective when the BOARD sends written notice of termination to the <br /> LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL GOVERNMENT obligations to <br /> 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 hereof <br /> shall be governed by,the laws of the state of Washington. Venue of any suit between the parties arising out <br /> of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is <br /> entitled to recover costs in accordance with Washington State Law(Chapter 4.84 RCW). <br /> 4.17 Severability <br /> If any provision under this agreement or its application to any person or circumstances is held invalid by any <br /> court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be <br /> given effect without the invalid provision. <br /> Page 7 <br /> 2003 PLP Loan Agreement <br /> Printed 8/19/2005 <br /> IQ <br />