Port of Everett 7/25/2022 - Laserfiche WebLink

and releases all claims against the City with respect to all matters for which the City has disclaimed liability pursuant to the provisions of this Agreement. 9. THIRD PARTY BENEFICIARIES There are no third-party beneficiaries to this Agreement,and this Agreement shall not be interpreted to create any third-party beneficiary rights. 10. EFFECTIVE DATE,DURATION AND TERMINATION (a) Effective Date. As provided by RCW 39.34.040,this Agreement shall not take effect unless and until it has:(i)been duly executed by both Parties,and(ii)has been filed with the City's interlocal agreements website. (b) Duration. Unless sooner terminated as set forth in this Agreement,this Agreement shall be for twenty-five(25)years. After such twenty-five(25)years, the City may at any time terminate this Agreement by ninety(90)days prior written notice of the City to the Port. (c) Termination for Convenience. The Port may terminate this Agreement for convenience upon ninety(90)days advance written notice to the City.The City may not terminate this Agreement for convenience without the prior written consent of the Port. (d) Termination for Breach. If either party breaches this Agreement,the non- breaching party shall deliver notice of the breach to the other party. If the breaching party does not cure the breach within thirty (30)days after delivery of such notice,then the non-breaching party may terminate this Agreement effective on written notice of termination to the breaching party. (e) Termination upon Port Land Acquisition. Within two years after the Port acquires all property that abuts the Controlled Area,the Port shall file with the City a complete petition to vacate the Controlled Area. This Agreement terminates upon the earlier of(I)Port failure to so file such petition after one hundred twenty days(120)prior notice thereof by the City to the Port or(2)the effective date of the granting of such vacation petition by the City. 11. INTERLOCAL ACT PROVISIONS No separate legal or administrative entity is created by this Agreement. To the extent required by applicable law,each party is responsible for financing and maintaining a budget for its activities under this Agreement. To the extent required by applicable law,each party shall act as its own administrator for its activities under this agreement. All property purchased by a party to this Agreement shall be the property of that party and such property shall be held and disposed of in accordance with applicable law. Interlocal Agreement Page 4 109901896.6 0073013-00041