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2024/02/28 Council Agenda Packet
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2024/02/28 Council Agenda Packet
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Council Agenda Packet
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2/28/2024
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OSOS No. I-8051 <br /> <br />applicable federal laws, including the LSTA and its implemen�ng regula�ons (45 CFR Part 1183), <br />and Sec�on 254 of the Telecommunica�ons Act of 1996 and its accompanying regula�ons for the <br />E-rate program. The venue of any ac�on brought hereunder shall be in the Superior Court for <br />Thurston County. <br /> <br />21. ORDER OF PRECEDENCE. In the event of an inconsistency in the terms of this Agreement, <br />or between its terms and any applicable statute, regula�on or rule, the inconsistency shall be <br />resolved by giving precedence in the following order: <br /> <br />• Applicable federal and Washington state statutes and regula�ons <br />• The terms and condi�ons of this Agreement, including Atachment A – Library’s Service & <br /> Annual Share of Costs <br />• All other provisions, terms, or material incorporated by reference into this Agreement <br /> <br />22. ASSIGNMENT. This Agreement, the rights and obliga�ons of Library, and any claim(s) of <br />Library arising hereunder, are not assignable or delegable by Library in whole or in part, without <br />the express prior writen consent of WSL, which consent shall not be unreasonably withheld. <br /> <br />23. WAIVER . A failure by either Party to exercise its rights under this Agreement shall not <br />preclude that Party from subsequent exercise of such rights and shall not cons�tute a waiver of <br />any other rights under this Agreement, unless stated to be such in a wri�ng signed by an <br />authorized representa�ve of the Party and atached to this Agreement. <br /> <br />24. SEVERABILITY. If any provision of this Agreement or any provision of any document <br />incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions <br />of this Agreement which can be given effect without the invalid provision, if such remainder <br />conforms to the requirements of applicable law and the fundamental purpose of this Agreement, <br />and to this end the provisions of this Agreement are declared to be severable. <br /> <br />25. ENTIRE AGREEMENT. This Agreement contains all of the terms and condi�ons agreed <br />upon by the Par�es. No other understandings, oral or otherwise, regarding the subject mater of <br />this Agreement shall be deemed to exist or to bind the Par�es hereto. <br /> <br />26. BINDING AGREEMENT. Upon execu�on of this Agreement by the Par�es, this Agreement <br />will cons�tute the valid and legally binding obliga�ons of Library and WSL, enforceable in <br />accordance with its terms. <br /> <br />IN WITNESS WHEREOF, the Par�es have executed this Agreement as of the dates set forth <br />opposite the signatures of their duly authorized representa�ves below, to be effec�ve as of the <br />date of the last signature below (the “Effec�ve Date”). <br />Page 13 of 29
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