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between the parties relating to the subject matter they cover. For clarity, this Agreement, the <br /> Easement, and the Purchase Agreement do not supersede or replace in any way the Port Gardner <br /> Bay Outfall Replacement Agreement dated June 2, 1999 by and between the City and K-C, as <br /> amended or the agreements between K-C and the City referred to in such agreement. <br /> E. Amendment/Termination. No amendment to or termination of this <br /> Agreement will be effective unless it is in writing and signed by the Mayor of the City and an <br /> authorized representative of K-C. <br /> F. Waiver. No waiver of satisfaction of any condition or nonperformance of <br /> an obligation under this Agreement will be effective unless it is in writing and signed by the <br /> party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other <br /> condition or nonperformance of any other obligation. <br /> G. Severability. If any provision of this Agreement is unenforceable to any <br /> extent, the remainder of this Agreement, or the application of that provision to any persons or <br /> circumstances other than those as to which it is held unenforceable, will not be affected by that <br /> unenforceability and will be enforceable to the fullest extent permitted by law. <br /> H. Notice. For a notice under this Agreement to be valid, it must be in <br /> writing and the sending party must use one of the following methods of delivery: (a) personal <br /> delivery to the address stated below; (b) first class postage prepaid U.S. Mail to the address <br /> stated below; or (c) nationally recognized courier to the address stated below, with all fees <br /> prepaid. <br /> Notice to City Notice to K-C <br /> Real Property Manager Jim Bath <br /> 3200 Cedar St. Kimberly Clark Corporation <br /> Everett, WA 98201 1400 Holcomb Bridge Rd <br /> Roswell, GA 30076 <br /> jbath@kcc.com <br /> A party may change its address stated above by delivering written notice to the other <br /> party of the new address. <br /> I. Attorneys' Fees and Costs. The prevailing party in any action brought in a <br /> court to enforce any obligations under this Agreement shall be entitled to recover from the non- <br /> prevailing party or parties an amount equal to the reasonable attorneys' fees and costs incurred <br /> by the prevailing party, including without limitation any costs incurred on appeal or in any <br /> bankruptcy proceeding. <br /> J. Compliance with all Applicable Laws. In the performance of any <br /> obligations under this Agreement, the City and K-C shall at all times comply with all applicable <br /> laws, including without limitation all applicable federal, state, local, and City statutes, regulations, <br /> 7 <br />