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2013/10/30 Council Agenda Packet
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2013/10/30 Council Agenda Packet
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Council Agenda Packet
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10/30/2013
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1 <br /> resolved in such manner shall be resolved in Superior Court for Snohomish <br /> County, Washington. <br /> 17. MISCELLANEOUS <br /> A. Entire Agreement. This Agreement, together with all attachments, sets forth <br /> the entire agreement of the parties regarding operation of the Clearview Pump <br /> Station. <br /> B. Interpretation. The headings used herein are for convenience of reference only <br /> and shall not affect the meaning or interpretation of this Agreement. <br /> C. No Third Party Beneficiaries. Except as expressly set forth in this Agreement, <br /> none of the provisions of this Agreement shall inure to the benefit of or be <br /> enforceable by any third party. <br /> D. Waivers. Any waiver at any time by a party of its right with respect to a <br /> default under this Agreement, or with respect to any other matter arising in <br /> connection therewith, shall not be deemed a waiver with respect to any <br /> subsequent default or matter. Either party may waive any notice or agree to <br /> accept a shorter notice than specified in this Agreement. Such waiver of notice <br /> or acceptance of shorter notice by a party at any time regarding a notice shall <br /> not be considered a waiver with respect to any subsequent notice required <br /> under this Agreement. <br /> E. Invalid Provision. The invalidity or unenforceability of any provision of this <br /> Agreement shall not affect the other provisions hereof, and this Agreement <br /> shall be construed in all respects as if such invalid or unenforceable provisions <br /> were omitted. <br /> F. Amendment. No change, amendment or modification of any provision of this <br /> Agreement shall be valid unless set forth in a written amendment to <br /> this Agreement signed by both parties. <br /> G. Assignment and Subcontracts; Binding Agreement. Either party may assign <br /> this Agreement, or assign or subcontract all or any part of such party's rights or <br /> obligations under this Agreement, without the prior written consent of the other <br /> party. Without in any way limiting the foregoing, this Agreement shall be <br /> binding upon and shall inure to the benefit of the parties hereto and their <br /> respective successors and assigns. <br /> H. Construction. No provision of the Agreement shall be construed in favor of or <br /> against either of the parties by reason of the extent to which any such party or <br /> its counsel participated in the drafting thereof or by reason of the extent to <br /> which such provision or any other provision or provisions of this Agreement is <br /> or are inconsistent with any prior draft thereof. <br /> 9 <br /> 10 <br />
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