Port of Everett 1/3/2022 - Laserfiche WebLink

connection with any of the provisions of this Agreement, the successful or prevailing Party shall be entitled to recover their reasonable attorneys' fees, and any other fees and costs incurred in the action or proceeding, including appeals, in addition to any other relief to which such Party may be entitled. (f) No Joint Venture; Construction; No Third Party Rights; Survival. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture,partnership or any similar relationship between the Parties. The provisions of this Agreement shall be construed as a whole and not strictly for or against any Party.Except as expressly set forth herein,this Agreement does not otherwise create any rights in any third party. The indemnifications and other provisions of Agreement,which expressly survive the termination of this Agreement, shall survive the termination of this Agreement. (g) JURY TRIAL WAIVER. THE PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN TORT, CONTRACT OR IN ANY CAUSE OF ACTION OF ANY NATURE. (h) Limitation of Damages. Neither party shall be liable hereunder for indirect, consequential,punitive, or special damages. (i) Calculation of Time. All reference to number of days in this Agreement shall be calculated based on calendar days. a) Exhibits. This Agreement includes the following exhibits, which are attached hereto and made a part hereof as if set forth herein in full: A—Legal Description of Port Property B—Legal Description of City Property C—Description of License Area D—Stormwater Management Requirements E—Construction Requirements F—Crossing Locations G—Form of Release [Signatures on following pages.] -8- 112558540.10 0073013-00041