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• <br /> v iState of Washington Department of Ecology Page 38 of 38 <br /> Agreement No: WQC-2019-EverPW-00052 <br /> Project Title: Port Gardner Bay Outfalls Water Quality Treatment Retrofit <br /> Recipient Name: City of Everett Public Works Department <br /> completed on such documents and other materials. <br /> Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in <br /> accordance with Recovery of Funds,identified herein. <br /> 28. THIRD PARTY BENEFICIARY <br /> RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state <br /> of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. <br /> 29. WAIVER <br /> Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, <br /> and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the <br /> authorized representative of ECOLOGY. <br /> Version 10/30/2015 <br />