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disclaimed liability pursuant to the provisions of this Agreement. <br />11. THIRD PARTY BENEFICIARIES <br />There are no third -party beneficiaries to this Agreement, and this Agreement shall not be <br />interpreted to create any third -party beneficiary rights. <br />12. EFFECTIVE DATE, DURATION AND TERMINATION <br />(a) Effective Date. As provided by RCW 39.34.040, this Agreement shall not take <br />effect unless and until it has: (i) been duly executed by both Parties, and (ii) has been filed with <br />the City's interlocal agreements website. <br />(b) Duration. Unless sooner terminated as set forth in this Agreement, this <br />Agreement shall be for twenty-five (25) years. After such twenty-five (25) years, the City may <br />at any time terminate this Agreement by ninety (90) days prior written notice of the City to the <br />Port. <br />(c) Termination for Convenience. The Port may terminate this Agreement for <br />convenience upon ninety (90) days advance written notice to the City. The City may not <br />terminate this Agreement for convenience without the prior written consent of the Port. <br />(d) Termination for Breach. If either party breaches this Agreement, the non - <br />breaching party shall deliver notice of the breach to the other party. If the breaching party does <br />not cure the breach within thirty (30) days after delivery of such notice, then the non -breaching <br />party may terminate this Agreement effective on written notice of termination to the breaching <br />party. <br />(e) Termination upon Port Land Acquisition. Within two years after the Port <br />acquires all property that abuts the Controlled Area, the Port shall file with the City a complete <br />petition to vacate the Controlled Area. This Agreement terminates upon the earlier of(1) Port <br />failure to so file such petition after one hundred twenty days (120) prior notice thereof by the <br />City to the Port or (2) the effective date of the granting of such vacation petition by the City. <br />13. INTERLOCAL ACT PROVISIONS <br />No separate legal or administrative entity is created by this Agreement. To the extent <br />required by applicable law, each party is responsible for financing and maintaining a budget for <br />its activities under this Agreement. To the extent required by applicable law, each party shall act <br />as its own administrator for its activities under this agreement. All property purchased by a party <br />to this Agreement shall be the property of that party and such property shall be held and disposed <br />of in accordance with applicable law. <br />Interlocal Agreement <br />Page 4 <br />109901896.6 0073013-00041 <br />