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9. The GRANTEE shall indicate in all written publicity materials that the project is financed in part <br /> with OYCC funds. <br /> 10. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in <br /> any manner whatsoever, except by written instrument signed by all parties. <br /> 11. The GRANTEE will permit OYCC and the Secretary of State of the State of Oregon and their duly <br /> authorized representatives to review or audit their books of account in regard to the~receipt and <br /> disbursement of the Award. <br /> 12. The GRANTEE is not an officer, employee, or agent of OYCC. Any contract entered into by the <br /> GRANTEE is not an obligation of OYCC. The GRANTEE shall not represent that it has the power <br /> or authority to obligate OYCC. <br /> 13. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be <br /> illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be <br /> affected. The rights and obligations of the parties shall be construed and enforced as if the <br /> Agreement did not contain the particular term or provisions held to be invalid. <br /> 14. The failure by OYCC to enforce any provision of this Agreement shall not constitute a waiver of that <br /> or any other provision. <br /> 15. In the event of any action, suit, or proceeding of any kind to enforce or interpret this Agreement, or <br /> any rights or obligations arising hereunder, the prevailing party shall be entitled to reasonable <br /> <br /> _ _ _ <br /> attorney fees at trial or on any appeal, and all costs and disbursements incurred therein. <br /> _ -___-L6._All.notices,_regnests,_demands,_and_other__communications-to-or-upon-the-parties-hereto-shall-be in - <br /> writing, addressed to the parties at the addresses set forth on page 1 of this Agreement. <br /> 17. This Agreement maybe executed in more than one counterpart, which taken together, shall <br /> constitute one and the same instrument, and any party hereto may execute this Agreement by signing <br /> any such counterpart. <br /> 18. This Agreement may be immediately terminated by the mutual consent of all parties. <br /> 19. The following shall constitute events of default: <br /> a) The GRANTEE fails to use the Award for the purposes set out in the Project Proposal; or <br /> b) The GRANTEE fails to perform any of the other provisions of this Agreement. <br /> 20. Upon the occurrence of any event of default set out in paragraph 19, OYCC may terminate this <br /> Agreement after giving written notice of the default to the GRANTEE. The GRANTEE shall have <br /> thirty (30) days to cure the default. If the default is not cured within that time, this Agreement shall <br /> terminate at the end of the period without further notice. In the event of default as defined in <br /> paragraph 19, the OYCC shall have any remedy available to it in law or equity. OYCC may, in its <br /> sole discretion, terminate this Agreement, in whole or in part, upon 60 days notice to GRANTEE. <br /> Any recipient of grant funds, pursuant to this agreement with the state, shall assume sole liability for <br /> that recipient's breach of the conditions of the Grant, and shall, upon recipient's breach of grant <br /> 3 <br /> <br />