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4.. 15 <br /> SECTION 45. GOVERNING LAWNENUE <br /> This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington.In the event of a lawsuit <br /> involving this Agreement,venue shall be in Thurston County Superior Court if legally proper;otherwise venue shall be in a county <br /> where the project is situated.The sponsor,by execution of this Agreement acknowledges the jurisdiction of the courts of the State of <br /> Washington. <br /> SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE SPONSOR <br /> In the cases where this Agreement is between the funding board(State)and a federally recognized Indian Tribe,the following <br /> governing law/venue applies,but only between those parties: <br /> A. Notwithstanding the above venue provision,if the State of Washington intends to initiate a lawsuit against a federally recognized <br /> Indian tribe relating to the performance,breach or enforcement of this Agreement,it shall so notify the Tribe.If the Tribe believes <br /> that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court,the Tribe shall so notify the State <br /> within five days of receipt of such notice and state the basis for such jurisdiction.If the Tribe so notifies the State,the State shall <br /> bring such lawsuit in federal court;otherwise the State may sue the Tribe in the Thurston County Superior Court.Interpretation of <br /> the Agreement shall be according to applicable State law,except to the extent preempted by federal law.In the event suit is <br /> ,brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between <br /> the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court. <br /> B. Any judicial award,determination,order,decree or other relief,whether in law or equity or otherwise,resulting from such a <br /> lawsuit shall be binding and enforceable on the parties.Any money judgment or award against a Tribe,tribal officers,employees, <br /> and members,or the State of Washington and its officers and employees may exceed the amount provided for in Section F: <br /> Project Funding of the Agreement in order to satisfy the judgment. <br /> C. The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limited purpose of allowing the State to <br /> bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the <br /> performance,or breach of this Agreement.This waiver is not for the benefit of any third party and shall not be enforceable by any <br /> third party or by any assignee of the parties.In any enforcement action,the parties shall bear their own enforcement costs, <br /> including attorneys'fees. <br /> For purposes of this provision,the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the <br /> right of the RCO to enforce this Agreement. <br /> SECTION 47. SEVERABILITY <br /> The provisions of this Agreement are intended to be severable.If any term or provision is illegal or invalid for any reason whatsoever, <br /> such illegality or invalidity shall not affect the validity of the remainder of the Agreement. <br /> RCO 14-1274D Page 28 of 23 <br /> 89 <br />