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9. Miscellaneous. This Agreement shall be construed under and governed by the <br /> laws of the State of Washington. Either party's failure to enforce any provision hereof shall not <br /> constitute waiver thereof in any future instance. If any provision hereof is held to be <br /> unenforceable to any extent, such provision shall be enforced to the maximum extent permitted <br /> by law and the remaining provisions shall continue in full force and effect. <br /> 10. Disputes. In the event that a dispute under this Agreement arises between the <br /> parties, both parties agree to work diligently and expeditiously to resolve that dispute. If a dispute <br /> arises, at the request of one party, both parties shall meet within three (3) days to discuss the <br /> substance of the issue(s) in dispute (the "Initial Meeting"). In the event that the parties are <br /> unsuccessful in resolving the dispute(s) at the Initial Meeting, within three (3) days thereafter, <br /> the Port's designee and the City's designee shall meet together to discuss the substance of the <br /> issue(s) in dispute (the "Subsequent Meeting"). If the parties are unsuccessful in resolving the <br /> disputed issue(s) at the Subsequent Meeting, the parties agree to engage the services of a <br /> mediator who is mutually acceptable and participate in mediation within twenty(20) days of the <br /> Subsequent Meeting, or as soon thereafter as the mediator may be available, or at such later <br /> date as the parties may agree. In the event that mediation fails to resolve the issue(s) in dispute, <br /> each party shall be free to seek such other recourse as may be available, provided however, the <br /> sole venue and jurisdiction for dispute resolution shall be in the Snohomish County Superior <br /> Court. <br /> [Remainder of page left blank.] <br /> 7 <br />