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Interlocal Cooperation Agreement between Snohomish County and City of Everett <br />Concerning Acquisition of Property with Conservation Futures Funds Page 7 of 9 <br />agreement of the parties, executed in the same manner as provided by the Interlocal <br />Cooperation Act, Chapter 39.34 RCW, governing the execution of this Agreement. <br /> <br /> 14.2. Interpretation. This Agreement and each of the terms and provisions of it <br />are deemed to have been explicitly negotiated by the parties, and the language in all <br />parts of this Agreement shall, in all cases, be construed according to its fair meaning and <br />not strictly for or against either of the parties hereto. The captions and headings in this <br />Agreement are used only for convenience and are not intended to affect the <br />interpretation of the provisions of this Agreement. This Agreement shall be construed so <br />that wherever applicable the use of the singular number shall include the plural number, <br />and vice versa, and the use of any gender shall be applicable to all genders. <br /> <br />14.3. Governing Law and Stipulation of Venue. This Agreement shall be <br />governed by the laws of the State of Washington and the parties stipulate that any <br />lawsuit regarding this Agreement must be brought in Snohomish County, Washington. <br />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 <br />reasonable attorney’s fees. <br /> <br />14.4. Rights and Remedies. The rights and remedies of the Parties to this <br />Agreement are in addition to any other rights and remedies provided by law except as <br />otherwise provided in this Agreement. <br /> <br />14.5. No Third Party Rights. It is understood and agreed that this Agreement is <br />solely for the benefit of the Parties hereto and gives no right to any other party. Nothing <br />in this Agreement, whether express or implied, is intended to confer any rights or <br />remedies under, or by reason of, this Agreement on any persons other than the Parties. <br /> <br />14.6. Binding on Successors. All of the terms, provisions and conditions of this <br />Agreement will be binding upon and inure to the benefit of the Parties hereto and their <br />respective successors, permitted assigns and legal representatives. <br /> <br />14.7. No Waiver. Payment by the County under this Agreement shall not <br />constitute a waiver by the County of any claims it may have against the City for any <br />breach of this Agreement or for failure of City to perform the work or actions, as specified <br />in this Agreement. Forbearance of the rights of the parties under this Agreement will <br />not constitute waiver of entitlement to exercise their respective rights as to any future <br />acts or omissions by the offending party. <br /> <br />14.8. No Employee Relationship. In performing work and services pursuant to <br />this Agreement, the City , its, employees, consultants, agents, and representatives shall <br />be acting as agents of the City and shall not be deemed or construed to be employees or <br />agents of the County in any manner whatsoever. The City shall not hold itself out as, nor <br />claim to be, an officer or employee of the County and will not make any claim, demand,