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0 <br /> v <br /> 4.17 Amendments,Modifications,Assignments and Waivers <br /> The BORROWER may request an amendment of this agreement for the purpose of modifying <br /> the ATTACHMENT I: SCOPE OF WORK or for extending the time of performance as <br /> provided for in Section 4.03. No modification or amendment resulting in an extension of time <br /> shall take effect until a request in writing has been received and approved by the BOARD in <br /> accordance with Section 4.03. No amendment or modification shall take effect until approved <br /> in writing by both the BOARD and the BORROWER and attached hereto. <br /> During the term of this loan, any change in ownership of the water system(s)improved with <br /> funds received by the BORROWER under this loan agreement must be approved in writing <br /> by the BOARD. As a condition of approval,the BOARD reserves the right to demand <br /> payment in full of the outstanding principal balance of the loan. <br /> No conditions or provisions of this agreement may be waived unless approved by the BOARD <br /> in writing. No waiver of any default or breach by any party,shall be implied from any failure to <br /> take action upon such default or breach,if the default of breach persists or repeats. <br /> 4.18 Termination for Convenience <br /> The BOARD may terminate this agreement in the event that federal or state funds are no <br /> longer available to the BOARD, or are not appropriated for the purpose of meeting the <br /> BOARD'S obligations under this agreement. Termination will be effective when the <br /> BOARD sends written notice of termination to the BORROWER. Nothing in this section <br /> shall affect BORROWER obligations to repay the unpaid balance of the Ioan. <br /> 4.19 Termination for Cause <br /> If the BORROWER 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 <br /> BOARD may terminate the agreement in whole or in part at any time. The BOARD shall <br /> notify the BORROWER 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 effect <br /> BORROWERS' obligations to repay the unpaid balance of the loan. <br /> 4.20 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 <br /> suit between the parties arising out of this agreement shall be the Superior Court of Thurston <br /> County, Washington. The prevailing party is entitled to recover costs in accordance with <br /> Washington State Law (Chapter 4.84 RCW). <br /> 4.21 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 <br /> the agreement which can be given effect without the invalid provision. <br /> 111 <br /> CITY OF EVERETT Page 8 4/24/2007 <br />