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• <br /> 6 <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 <br /> obligations under this agreement. Termination will be effective when the BOARD sends written <br /> notice of termination to the LOCAL GOVERNMENT. Nothing in this section shall affect <br /> LOCAL 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 <br /> performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit <br /> between the parties arising out of this agreement shall be the Superior Court of Thurston County, <br /> Washington. The prevailing party is entitled to recover costs in accordance with Washington State <br /> 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 <br /> invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the <br /> agreement 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 <br /> when the activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the <br /> report,the LOCAL GOVERNMENT will provide the following information to the BOARD: <br /> 1. A certified statement of the actual dollar amounts spent, from all fund sources, in <br /> completing the project as described. <br /> 2. A certified statement that the project, as described in the Loan Agreement's Scope of <br /> Work,is complete and has been designed/constructed to required standards. <br /> 3. Certification that all costs associated with the project have been incurred. Costs are <br /> incurred when goods and services are received and/or contract work is performed. <br /> 4. Provide a date for reporting LOCAL GOVERNMENT conformance with the performance <br /> measures identified in ATTACHMENT I: SCOPE OF WORK. <br /> CITY OF EVERETT Page 8 3(! <br /> 4/21/2006 <br />