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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 event funding is withdrawn, reduced or limited in any way after the effective date of this 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 />