2020/11/04 Council Agenda Packet

b. If any provision of this License is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 22. Termination of License. a. The City may terminate this License upon thirty (30) days written notice to the District in the event that the District is in material default and fails to cure such material default within that ninety (90) day period, or such longer period as provided by the City. The notice of termination shall state the reasons therefore and the effective date of the termination. b. The License shall terminate in the event that the District abandons, and/or terminates its use of the City's sidewalk. c. In the event of termination of the License, the District shall remove the Charging Equipment within a reasonable period of time. 23. Governing Law and Venue. This License shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this License shall lie in the Superior Court of Washington for Snohomish County, Washington. 24. Authority to Bind Parties and Enter Into License. The undersigned represent that they have full authority to enter into this License and to bind the Parties for and on behalf of the legal entities set forth below. 25. Counterparts. This License may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same License. DATED THIS day of , 2020. CITY OF EVERETT By: Cassie Franklin Mayor PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY By: Maureen Barnes Manager, Real Estate Services Limited Use License Page 4