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have with respect to claims for third parties,including,but not limited to,any good faith <br /> attempts to seek dismissal of legal claims against a party by any proper means allowed <br /> under the civil rules in either state or federal court. <br /> Q. General Provisions <br /> a. Entire MOU. This MOU contains all of the terms with respond to any matter covered or <br /> mentioned in this MOU. <br /> b. Modification.No provisions of this MOU may be modified except by written MOU <br /> signed by the Parties. <br /> c. Successors.This MOU shall be binding upon the Parties'successor in interest and <br /> assigns. <br /> d. Default.In the event that either of the Parties defaults on the performance of any terms of <br /> this MOU or either Party places the enforcement of this MOU in the hands of an attorney, <br /> or files a lawsuit,each Party shall pay all its own attorney's fees,costs and expenses. <br /> e. Venue.The venue for any dispute related to this MOU shall be Thurston County, <br /> Washington. <br /> f. Waiver.Failure of the City of Everett to declare any breach or default immediately upon <br /> the occurrence thereof,or delay in taking any action in connection with,shall not waive <br /> its provisions in which performance is a factor. <br /> g. Performance.Time is of the essence of this MOU and each and all of its provisions in <br /> which performance is a factor. <br /> R. Governance <br /> This MOU is entered into pursuant to and under the authority by the laws of the state of <br /> Washington and any applicable federal laws. The provisions of the MOU shall be construed to <br /> conform to those laws. <br /> In the event of an inconsistency in terms of this MOU,or between its terms and any applicable statute or <br /> rule,the inconsistency shall be resolved by giving precedence in the following order: <br /> a. Applicable State and federal statutes and rules; <br /> b. Statement of work;and <br /> c. Any other provisions of the Agreement,including materials incorporated by reference. <br /> THIS Memorandum of Understanding,consisting of five(5)pages and one(1)Attachment,is executed by <br /> the persons signing below who warrant that they have the authority to execute the MOU. <br /> Washington State K12798 Page 5 of 6 <br /> Department of Corrections 22VVC <br />