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real property, improvements, fixtures, and facilities thereon that are annexed as <br />part of this Agreement. <br />18.6 Survivability. The provisions of this Section 18 shall survive the expiration or <br />termination of this Agreement with respect to acts and omissions occurring <br />during the effective term hereof. <br />19. SEVERABILITY <br />If any provision of this Agreement or its application to any person or circumstance is <br />held invalid, the remainder of the provisions and the application of the provisions to <br />other persons or circumstances shall not be affected. <br />20. EXERCISE OF RIGHTS OR REMEDIES <br />Failure of either party to exercise any rights or remedies under this Agreement shall not <br />be a waiver of any obligation by either party and shall not prevent either party from <br />pursuing that right at any future time. <br />21. RECORDS <br />The Parties shall maintain adequate records to document obligations performed under <br />this Agreement. The Parties shall have the right to review each other's records with <br />regard to the subject matter of this Agreement, except for privileged documents, upon <br />reasonable written notice. Public records will be retained and destroyed according to <br />Subsection 6.5 of this Agreement. <br />22. ENTIRE AGREEMENT <br />This Agreement constitutes the entire Agreement between the Parties concerning the <br />Annexation Area, except as set forth in Sections 12 and 15 of this Agreement. <br />23. GOVERNING LAW AND STIPULATION OF VENUE <br />This Agreement shall be governed by the laws of the State of Washington. Any action <br />hereunder must be brought in the Superior Court of Washington for Snohomish County. <br />24. CONTINGENCY <br />The obligations of the Parties in this Agreement are contingent on the availability of <br />funds through legislative appropriation and allocation in accordance with law. In the <br />event funding is withdrawn, reduced or limited in any way after the effective date of this <br />Agreement, the City or County may terminate the Agreement under Subsection 17.3 of <br />this Agreement, subject to renegotiation under those new funding limitations and <br />conditions. <br />INTERLOCAL AGREEMENT Page 15 of 21 <br />BETWEEN THE CITY OF EVERETT AND SNOHOMISH COUNTY August 19, 2020 <br />CONCERNING THE SMITH ISLAND WEST ANNEXATION <br />PURSUANT TO RCW 35,13,470 <br />