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shall be to notify the TPA Recipient (a) of the request and (b) of the date that such information <br />will be released to the requester unless the TPA Recipient obtains a court order to enjoin that <br />disclosure pursuant to RCW 42.56.540. If the TPA Recipient fails to timely obtain a court order <br />enjoining disclosure, the County will release the requested information on the date specified. <br />The County has, and by this section assumes, no obligation on behalf of the TPA Recipient <br />to claim any exemption from disclosure under the Act. The County shall not be liable to the TPA <br />Recipient for releasing records not clearly identified by the TPA Recipient as confidential or <br />proprietary. The County shall not be liable to the TPA Recipient for any records that the County <br />releases in compliance with this section or in compliance with an order of a court of competent <br />jurisdiction. <br />24. Interpretation. This Agreement and each of the terms and provisions of it are <br />deemed to have been explicitly negotiated by the parties. The language in all parts of this <br />Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or <br />against either of the parties hereto. The captions and headings of this Agreement are used only for <br />convenience and are not intended to affect the interpretation of the provisions of this Agreement. <br />This Agreement shall be construed so that wherever applicable the use of the singular number shall <br />include the plural number, and vice versa, and the use of any gender shall be applicable to all <br />genders. <br />25. Complete Agreement. This Agreement has been entered into following an <br />application and recommendation process in accordance with Chapter 4.118 SCC. The TPA <br />Recipient's Application, attached hereto as Schedule C, is incorporated herein by this reference. <br />To the extent of any inconsistency between this Agreement and the Application, this Agreement <br />shall govern. <br />26. Conflicts between Attachments and Text. Should any conflicts exist between any <br />attached exhibit or schedule and the text or main body of this Agreement, the text or main body of <br />this Agreement shall prevail. <br />27. No Third Party Beneficiaries. The provisions of this Agreement are for the <br />exclusive benefit of the County and the TPA Recipient. This Agreement shall not be deemed to <br />have conferred any rights, express or implied, upon any third parties. <br />28. Governing Law; Venue. This Agreement shall be governed by the laws of the State <br />of Washington. The venue of any action arising out of this Agreement shall be in the Superior <br />Court of the State of Washington, in and for Snohomish County. <br />29. Severability. Should any clause, phrase, sentence or paragraph of this Agreement <br />be declared invalid or void, the remaining provisions of this Agreement shall remain in full force <br />and effect. <br />30. Authority. Each signatory to this Agreement represents that he or she has full and <br />sufficient authority to execute this Agreement on behalf of the County or the TPA Recipient, as <br />ed. 2021 <br />TOURISM PROMOTION AREA AGREEMENT <br />WITH CITY OF EVERETT <br />Page 9 of 15 <br />