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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 8 of 9 <br />include the plural number, and vice versa, and the use of any gender shall be applicable to all <br />genders. <br /> <br />15.5 Severability. If any provision of this Agreement or the application thereof to any <br />person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, <br />the remainder of this Agreement and the application of that provision to other persons or <br />circumstances shall not be affected thereby, but shall instead continue in full force and effect, to <br />the extent permitted by law. <br />15.6 No Waiver. A party’s forbearance or delay in exercising any right or remedy with <br />respect to a Default by the other party under this Agreement shall not constitute a waiver of the <br />Default at issue. Nor shall a waiver by either party of any particular Default constitute a waiver of <br />any other Default or any similar future Default. <br />15.7 No Assignment. This Agreement shall not be assigned, either in whole or in part, <br />by either party without the express written consent of the other party, which may be granted or <br />withheld in such party’s sole discretion. Any attempt to assign this Agreement in violation of the <br />preceding sentence shall be null and void and shall constitute a Default under this Agreement. <br />15.8 Warranty of Authority. Each of the signatories hereto warrants and represents <br />that he or she is competent and authorized to enter into this Agreement on behalf of the party for <br />whom he or she purports to sign this Agreement. <br />15.9 No Joint Venture. Nothing contained in this Agreement shall be construed as <br />creating any type or manner of partnership, joint venture or other joint enterprise between the <br />Parties. <br /> <br />15.10 No Separate Entity Necessary. The Parties agree that no separate legal or <br />administrative entities are necessary to carry out this Agreement. <br /> <br />15.11 Ownership of Property. Except as expressly provided to the contrary in this <br />Agreement, any real or personal property used or acquired by either party in connection with its <br />performance under this Agreement will remain the sole property of such party, and the other party <br />shall have no interest therein. <br /> <br />15.12 No Third Party Beneficiaries. This Agreement and each and every provision <br />hereof is for the sole benefit of the City and the County. No other persons or Parties shall be <br />deemed to have any rights in, under or to this Agreement. <br /> <br />15.13 Execution in Counterparts. This Agreement may be executed in two or more <br />counterparts, each of which shall constitute an original and all of which shall constitute one and <br />the same agreement.