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Termination costs charged shall not exceed the actual costs incurred as a result of early <br /> termination. No payment shall be made for any expense incurred or Services performed <br /> following the effective date of termination unless authorized in writing by the other party. <br /> 15. Dispute Resolution. <br /> In the event differences between the parties should arise over the terms and <br /> conditions or the performance of this Agreement, the parties shall use their best efforts to <br /> resolve those differences on an informal basis. If those differences cannot be resolved <br /> informally, the matter shall be referred for mediation to a mediator mutually selected by <br /> the parties.If mediation is not successful,either of the parties may institute legal action for <br /> specific performance of this Agreement or for damages. <br /> 16. Notices. <br /> All notices required to be given by any party to the other party under this Agreement <br /> shall be in writing and shall be delivered either in person, by United States mail, or by <br /> electronic mail (email) to the applicable Administrator or the Administrator's designee. <br /> Notice delivered in person shall be deemed given when accepted by the recipient. Notice <br /> by United States mail shall be deemed given as of the date the same is deposited in the <br /> United States mail,postage prepaid, and addressed to the Administrator, or their designee, <br /> at the addresses set forth in Section 3 of this Agreement. Notice delivered by email shall <br /> be deemed given as of the date and time received by the recipient. <br /> 17. Miscellaneous. <br /> 17.1 Entire Agreement; Amendment. This Agreement constitutes the entire <br /> agreement between the parties regarding the subject matter hereof, and supersedes any and <br /> all prior oral or written agreements between the parties regarding the subject matter <br /> contained herein, including but not limited to the Original Agreement PROVIDED <br /> HOWEVER, that the parties' duties and obligations under the Original Agreement <br /> regarding insurance and indemnification shall survive as to any claims, actions, suits, <br /> liability, loss,expenses,damages and judgments of any nature whatsoever, including costs <br /> and attorneys' fees in defense thereof, known or unknown, for injury, sickness, disability <br /> or death to persons or damage to property or business, arising prior to the Effective Date <br /> of this Agreement. This Agreement may not be modified or amended in any manner except <br /> by a written document executed with the same formalities as required for this Agreement <br /> and signed by the party against whom such modification is sought to be enforced. <br /> 17.2 Conflicts between Attachments and Text. Should any conflicts exist <br /> between any attached exhibit or schedule and the text or main body of this Agreement,the <br /> text or main body of this Agreement shall prevail. <br /> 17.3 Governing Law and Venue. This Agreement shall be governed by and <br /> enforced in accordance with the laws of the State of Washington. The venue of any action <br /> arising out of this Agreement shall be in the Superior Court of the State of Washington, in <br /> (Rev. 10-2021)INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND 9 of 11 <br /> STREET SERVICES WITHIN THE CITY OF EVERETT <br />