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INTERLOCAL AGREEMENT BETWEEN SNOHOMISH <br />COUNTY AND THE CITY OF EVERETT FOR KIWANIS <br />PARK SPORT COURT REHABILITATION & ENHANCEMENTS <br />Page 7 of 9 <br /> <br />In the event differences between the Parties should arise over the terms and conditions or <br />the performance of this Agreement, the Parties shall use their best efforts to resolve those <br />differences on an informal basis. If those differences cannot be resolved informally, the matter <br />may be referred for mediation to a mediator mutually selected by the Parties. If mediation is not <br />successful or if a party waives mediation, either of the Parties may institute legal action for specific <br />performance of this Agreement or for damages. <br /> <br />14. Notices. <br />All notices required to be given by any party to the other party under this Agreement shall <br />be in writing and shall be delivered either in person, by United States mail, or by electronic mail <br />(email) to the applicable Administrator or the Administrator’s designee. Notice delivered in person <br />shall be deemed given when accepted by the recipient. Notice by United States mail shall be <br />deemed given as of the date the same is deposited in the United States mail, postage prepaid, and <br />addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this <br />Agreement. Notice delivered by email shall be deemed given as of the date and time received by <br />the recipient. <br /> <br />15. Miscellaneous. <br /> <br />15.1 Entire Agreement; Amendment. This Agreement constitutes the entire agreement <br />between the Parties regarding the subject matter hereof, and supersedes any and all prior oral or <br />written agreements between the Parties regarding the subject matter contained herein. This <br />Agreement may not be modified or amended in any manner except by a written document executed <br />with the same formalities as required for this Agreement and signed by the party against whom <br />such modification is sought to be enforced. <br /> 15.2 Conflicts between Attachments and Text. Should any conflicts exist between any <br />attached exhibit or schedule and the text or main body of this Agreement, the text or main body of <br />this Agreement shall prevail. <br />15.3 Governing Law and Venue. This Agreement shall be governed by and enforced <br />in accordance with the laws of the State of Washington. The venue of any action arising out of this <br />Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish <br />County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the <br />prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable <br />attorney’s fees. <br />15.4 Interpretation. This Agreement and each of the terms and provisions of it are <br />deemed to have been explicitly negotiated by the Parties, and the language in all parts of this <br />Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or <br />against either of the Parties hereto. The captions and headings in this Agreement are used only for <br />convenience and are not intended to affect the interpretation of the provisions of this Agreement. <br />This Agreement shall be construed so that wherever applicable the use of the singular number shall