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13.5 No Waiver. A party's forbearance or delay in exercising any right or <br /> 2 remedy with respect to a Default by the other party under this Agreement <br /> 3 shall not constitute a waiver of the Default at issue. Nor shall a waiver by <br /> 4 either party of any particular Default constitute a waiver of any other <br /> 5 Default or any similar future Default. <br /> 6 <br /> 7 13.6 No Assignment. This Agreement shall not be assigned, either in whole or <br /> 8 in part,by either party without the express written consent of the other party, <br /> 9 which may be granted or withheld in such party's sole discretion. Any <br /> 10 attempt to assign this Agreement in violation of the preceding sentence shall <br /> 11 be null and void and shall constitute a Default under this Agreement. <br /> 12 <br /> 13 13.7 Warranty of Authority. Each of the signatories hereto warrants and <br /> 14 represents that he or she is competent and authorized to enter into this <br /> 15 Agreement on behalf of the party for whom he or she purports to sign this <br /> 16 Agreement. <br /> 17 <br /> 18 13.8 No Joint Venture. Nothing contained in this Agreement shall be construed <br /> 19 as creating any type or manner of partnership,joint venture or other joint <br /> 20 enterprise between the parties. <br /> 21 <br /> 22 13.9 No Third Party Beneficiaries. This Agreement and each and every <br /> 23 provision hereof are for the sole benefit of the City and the County. No <br /> 24 other persons or parties shall be deemed to have any rights in, under or to <br /> 25 this Agreement. <br /> 26 <br /> 27 13.10 Execution in Counterparts. This Agreement may be executed in two or <br /> 28 more counterparts, each of which shall constitute an original and all of <br /> 29 which shall constitute one and the same agreement. <br /> 30 <br /> 31 IN WITNESS WHEREOF,the parties have executed this Agreement as of the date <br /> 32 first above written. <br /> 33 <br /> 34 SNOHOMISH COUNTY CITY OF EVERETT <br /> 35 <br /> 36 <br /> 37 By: (Li760,-) y: <br /> 38 County Executive an lin <br /> 39 KEN NLL- Mayor <br /> 40 executive Directot <br /> 41 <br /> 42 Attest: <br /> 43 <br /> 44 <br /> 45 Of ce of ' Clerk <br /> 46 <br /> 47 <br /> INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY Page 9 of 11 <br /> AND THE CITY OF EVERETT CONCERNING THE US 2/1-5 INTERCHANGE <br /> JUSTIFICATION PLANNING STUDY <br />