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of Washington,and only if that Court rules that it lacks subject matter jurisdiction will any party <br /> seek relief in an alternative judicial forum. <br /> 6. Miscellaneous Provisions <br /> a. Assignment;Successors Bound. Neither this Agreement nor any right or privilege herein <br /> shall be assigned by any party without the written consent of the other party. <br /> b. Notice. Formal notice and official communications between the parties regarding this <br /> Contract shall be sent by first class mail as follows: <br /> TO:City of Everett TO:Tulalip Tribes <br /> Mayor, City of Everett Chair,Tulalip Tribes of Washington <br /> 2930 Wetmore Avenue 6406 Marine Drive <br /> Everett,WA 98201 Marysville,WA 98271-4032 <br /> c. Agreement Controls. In the event of conflict,ambiguity or inconsistency,the provisions <br /> of this Agreement shall control with respect to Mortar Delamination over other <br /> agreements and contracts in which Everett and Tulalip are both parties. <br /> d. Headings. The headings used herein are for convenience of reference only and shall not <br /> affect the meaning or interpretation of this Agreement. <br /> e. No Third Party Beneficiaries. Except as expressly set forth in this Agreement; none of <br /> the provisions of this Agreement shall inure to the benefit of or be enforceable by any <br /> third party. <br /> f. Waivers. Except as otherwise provided herein or as agreed by the parities,no provision <br /> of this Agreement may be waived except as documented or confirmed in writing.Any <br /> waiver at any time by a party of its right with respect to a default under this Agreement, <br /> or with respect to any other matter arising in connection therewith, shall not be <br /> deemed a waiver with respect to any subsequent default or matter. Either party may <br /> waive any notice or agree to accept a shorter notice than specified in this Agreement. <br /> Such waiver of notice or acceptance of shorter notice by a party at any time regarding a <br /> notice shall not be considered a waiver with respect to any subsequent notice required <br /> under this Agreement. <br /> g. Invalid Provision. The invalidity or unenforceability of any provision of this Agreement <br /> shall not affect the other provisions hereof,and this Agreement shall be construed in all <br /> respects as if such invalid or unenforceable provisions were omitted. <br /> 4 <br /> Page 521 of 1140 <br />