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7 <br /> i 2 <br /> f. Complete performance of such part of the work as shall not have been terminated by the <br /> Department in compliance with all contractual requirements; and <br /> g. Take such action as may be necessary, or as the Department may require, for the protection and <br /> preservation of the property related to this Agreement which is in the possession of the <br /> Subrecipient and in which the Department has or may acquire an interest. <br /> A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) <br /> The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or <br /> women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization <br /> standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified <br /> in WAC 326-30-041. <br /> A.35 VENUE <br /> This Agreement shall be construed and enforced in accordance with, and the validity and performance <br /> shall be governed by,the laws of the state of Washington. Venue of any suit between the parties arising <br /> out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, <br /> by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. <br /> A.36 WAIVERS <br /> No conditions or provisions of this Agreement can be waived unless approved in advance by the <br /> Department in writing. The Department's failure to insist upon strict performance of any provision of the <br /> Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance <br /> during such breach, shall not constitute a waiver of any right under this Agreement. <br /> DHS-FEMA-EMPG-FY 17 Pagrg0 of 36 City of Everett, E18-069 REVISED <br />