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• <br /> 4.20 Amendments,Modifications,and Waivers <br /> 15 <br /> The BORROWER may request an amendment of this agreement for the purpose of modifying the SCOPE OF <br /> WORK or for extending the time of performance as provided for in Section 4.03. No modification or <br /> amendment resulting in an extension of time shall take effect until a request in writing has been received and <br /> approved by the BOARD in accordance with Section 4.03. No amendment or modification shall take effect until <br /> approved in writing by both the BOARD and the BORROWER and attached hereto. No conditions or <br /> provisions of this agreement may be waived unless approved by the BOARD in writing. <br /> 4.21 Termination for Convenience <br /> The BOARD may terminate this agreement in the event that federal or state funds are no longer available to the <br /> BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this agreement. <br /> Termination will be effective when the BOARD sends written notice of termination to the BORROWER_ Nothing <br /> in this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan. <br /> 4.22 Termination for Cause <br /> If the BORROWER fails to comply with the terms of this agreement, or fails to use the loan proceeds only for <br /> those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may terminate the agreement <br /> in whole or in part at any time. The BOARD shall promptly notify the BORROWER in writing of its <br /> determination to terminate, the reason for such termination, and the effective date of the termination_ Nothing in <br /> this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan. <br /> 423 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 of <br /> this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is entitled to <br /> recover costs in accordance with Washington State Law(Chapter 4.84 RCW)_ <br /> 4.24 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 given <br /> effect without the invalid provision. <br /> 4.25 Project Monitoring and Inspection • <br /> The BORROWER grants to the BOARD and the Washington State Department of Health the right to enter the <br /> premises during business hours to monitor project activities throughout the contract period to assess progress, <br /> review expenditures and documentation, to review files, and to inspect the system throughout the period of the <br /> Agreement. <br /> 4.26 Audit <br /> Audits of the BORROWER'S project activities may be conducted by the Office of the State Auditor. Audit <br /> costs are eligible project costs. <br /> The BORROWER shall maintain its records and accounts so as to facilitate the audit requirements of the <br /> Public Works Board,or its successor. <br /> 82 <br /> Page 8 <br /> SRF Loan Agreement <br /> Municipal Systems <br />