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2014/12/24 Council Agenda Packet
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2014/12/24 Council Agenda Packet
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Council Agenda Packet
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12/24/2014
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21 <br /> 20. Severability. <br /> Should any clause, phrase, sentence, or paragraph of this Agreement be declared invalid <br /> or void,the remaining provisions of this Agreement shall remain in full force and effect. <br /> 21. Written Notices. <br /> All notices required to be given by any party to the other party under this Agreement <br /> shall be in writing and shall be delivered either in person, by United States mail, or by <br /> electronic mail (email) to the applicable Administrator or the Administrator's designee. <br /> Notice delivered in person shall be deemed given when accepted by the recipient.Notice <br /> by United States mail shall be deemed given as of the date the same is deposited in the <br /> United States mail, postage prepaid, and addressed to the Administrator, or their <br /> designee, at the addresses set forth in Section 2 of this Agreement. Notice delivered by <br /> email shall be deemed given as of the date and time received by the recipient. <br /> 22. Conflicts between Attachments and Text. <br /> Should any conflicts exist between any attached exhibit or schedule and the text or main <br /> body of this Agreement,the text or main body of this Agreement shall prevail. <br /> 23. Interpretation. <br /> This Agreement and each of the terms and provisions of it are deemed to have been <br /> explicitly negotiated by the parties, and the language in all parts of this Agreement shall, <br /> in all cases, be construed according to its fair meaning and not strictly for or against <br /> either of the parties hereto. The captions and headings in this Agreement are used only <br /> for convenience and are not intended to affect the interpretation of the provisions of this <br /> Agreement. This Agreement shall be construed so that wherever applicable the use of the <br /> Singular number shall include the plural number, and vice versa, and the use of any <br /> • <br /> gender shall be applicable to all genders. <br /> 24. No Waiver. <br /> A party's forbearance or delay in exercising any right or remedy with respect to a Default <br /> by the other party under this Agreement shall not constitute a waiver of the Default at <br /> issue. Nor shall a waiver by either party of any particular Default constitute a waiver of <br /> any other Default or any similar future Default. <br /> 25. No Assignment. <br /> • <br /> This Agreement shall not be assi ►ed, either in whole or in part, by either party without <br /> the express written consent of the other party, which may be granted or withheld in such <br /> party's sole discretion. Any attempt to assign this Agreement in violation of the <br /> 1NTERLOCAL AGREEMENT Page 12 of 14 <br /> BETWEEN SNOHOMISH COUNTY AND THE CITY OF EVERETT <br /> FOR TRAFFIC CONTROL DEVICE AND STREET LIGHT MAINTENANCE, <br /> ENGINEERING AND CONSTRUCTION SERVICES 1 3 <br />
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