Laserfiche WebLink
8 <br /> 7. Property to DEPARTMENT. In the event of a default event and at the option of the <br /> DEPARTMENT, any property(equipment and land)acquired under this AGREEMENT <br /> may,in the DEPARTMENT's sole discretion,become the DEPARTMENT's property. In <br /> that circumstance,the RECIPIENT's liability to repay money will be reduced by an amount <br /> reflecting the fair value of such property. <br /> 8. Documents and Materials. If this AGREEMENT is terminated, all finished or unfinished <br /> documents, data studies, surveys,drawings, maps, models, photographs, and reports or <br /> other materials prepared by the RECIPIENT will,at the option of the DEPARTMENT, <br /> become DEPARTMENT property. The RECIPIENT will be entitled to receive just and <br /> equitable compensation for any satisfactory work completed on such documents and other <br /> materials. <br /> 9. Collection and Enforcement Actions. In the event of a default event,the state of <br /> Washington reserves the right to take any actions it deems necessary to collect the amounts <br /> due, or to become due, or to enforce the performance and observance of any obligation by <br /> the RECIPIENT, under this AGREEMENT. <br /> 10. Fees and Expenses. In any action to enforce the provisions of this AGREEMENT, reasonable <br /> fees and expenses of attorneys and otherreasonable expenses(including, without limitation, <br /> the reasonably allocated costs of legal staff)will be awarded to the prevailing party as that <br /> term is defined in RCW 4.84.330,"Actions on contract or lease . . .—Waiver prohibited." <br /> 11. Damages. Notwithstanding the DEPARTMENT's exercise of any or all of the termination <br /> or default remedies provided in this AGREEMENT,the RECIPIENT will not be relieved of <br /> any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or <br /> the state of Washington because of any breach of this AGREEMENT by the RECIPIENT. <br /> The DEPARTMENT may withhold payments for the purpose of setoff until such time as <br /> the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. <br /> WATER QUALITY MONITORING <br /> Quality Assurance Project Plan(QAPP): <br /> Prior to initiating water quality monitoring activities,the RECIPIENT must prepare a Quality <br /> Assurance Project Plan(QAPP). The QAPP must follow the DEPARTMENT's "Guidelines for <br /> Preparing Quality Assurance Project Plans for Environmental Studies,"(Ecology Publication No. 04- <br /> 03-030). The RECIPIENT may also reference the"Technical Guidance for Assessing the Quality of <br /> Aquatic Environments," revised February 1994(Ecology Publication No. 91-78). <br /> (Remainder of this Page.Intentionally Left Blank) <br /> 60 <br /> Page 15 of ATTACHMENT 4 <br />