Snohomish County 8/1/2024 - Laserfiche WebLink

1 2 10. Default and Remedies 3 4 10.1 Default. If either the County or the City fails to perform any act or 5 obligation required to be performed by it hereunder, the other party shall 6 deliver written notice of such failure to the non-performing party. The non- 7 performing party shall have thirty (30) days after its receipt of such notice 8 in which to correct its failure to perform the act or obligation at issue, after 9 which time it shall be in default ("Default") under this Agreement; 10 provided, however, that if the non-performance is of a type that could not 11 reasonably be cured within said thirty (30) day period, then the non- 12 performing party shall not be in Default if it commences cure within said 13 thirty (30) day period and thereafter diligently pursues cure to completion. 14 15 10.2 Remedies. In the event of a party's Default under this Agreement,then after 16 giving notice and an opportunity to cure pursuant to Section 10.1 above,the 17 non-Defaulting party shall have the right to exercise any or all rights and 18 remedies available to it in law or equity. 19 20 11. Early Termination 21 22 11.1 30 Days' Notice. Except as provided in Section 11.2 below, either party 23 may terminate this Agreement at any time,with or without cause, upon not 24 less than thirty (30) days' advance written notice to the other party. The 25 termination notice shall specify the date on which the Agreement shall 26 terminate. 27 28 11.2 Lack of Funding. This Agreement is contingent upon governmental 29 funding and local legislative appropriations. In the event that funding from 30 any source is withdrawn, reduced, limited, or not appropriated after the 31 effective date of this Agreement, this Agreement may be terminated by 32 either party immediately by delivering written notice to the other party. The 33 termination notice shall specify the date on which the Agreement shall 34 terminate. 35 36 11.3 Calculation of Costs Due Upon Early Termination. Upon early termination 37 of this Agreement by either Party as provided in this Section 11,the County 38 shall pay the City for all Planning Services performed up to the date of 39 termination, as well as the costs of any and all non-cancelable obligations. 40 The City shall notify the County within thirty (30) days of the date of 41 termination of all remaining costs including non-cancelable costs. No 42 payment shall be made by the County for any expense incurred or Planning 43 Study performed following the effective date of termination unless 44 authorized in writing by the County. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY Page 7 of 11 AND THE CITY OF EVERETT CONCERNING THE US 2/1-5 INTERCHANGE JUSTIFICATION PLANNING STUDY