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<br /> <br /> <br /> <br />suits caused solely by the negligence or willful misconduct of such Indemnitee. FOR THIS PURPOSE, THE <br />SCHOOL, BY MUTUAL NEGOTIATION, HEREBY WAIVES, WITH RESPECT TO THE CITY ONLY, ANY <br />IMMUNITY THAT WOULD OTHERWISE BE AVAILABLE TO IT AGAINST SUCH LOSSES, CLAIMS OR <br />DAMAGES UNDER THE INDUSTRIAL INSURANCE PROVISIONS OF TITLE 51 RCW. <br />14. BREACH <br />If either party to this Agreement believes that the other party (the “Breaching Party”) has breached this <br />Agreement, it shall give written notice of the breach to the Breaching Party, and the Breaching Party <br />shall, except in the case of a failure to insure, have ten (10) days to cure such breach. If the Breaching <br />Party does not cure the breach within such ten (10) days, the non-breaching party may terminate this <br />Agreement on three (3) days written notice of such termination to the Breaching Party. Such <br />termination shall be cumulative of and in addition to all other remedies a party may have at law or in <br />equity. <br />15. TERMINATION OF CONTRACT <br />The City may terminate this Agreement, without any liability whatsoever to the School, at any time, and <br />for any reason, upon not less than twenty (20) days written notice to the School. Notice shall be <br />deemed effective upon either (a) the second day following deposit in the United States Mail to 3714 <br />Norton Ave Everett WA 98201, postage prepaid, certified, or registered mail, return receipt requested, <br />or (b) delivery. This provision shall not prevent the City from seeking any legal remedies it may have for <br />the violation or non-performance of any of the provisions of this agreement. <br />16. MISCELLANEOUS <br />a) The School will provide a copy of the refund policy and Cash Handling Procedures to the City one <br />week prior to the first scheduled facility use. <br />b) The School will provide documentation to the City of registrations which will use or be held in a <br />park facility within ten business days of the completion of such registration. <br />c) The School will provide the City copies of all participant rosters scheduled to use a parks facility <br />prior to the first scheduled use under this agreement. <br />d) The City may refer customers to the School program. The School will treat all City referred <br />customers in a professional and courteous manner, such as returning phone calls or responding <br />to inquiries within one business day of receiving such phone call or inquiry. <br />e) The School will discuss all issues it believes may be affected by this agreement with the City at <br />such time as the issue arises. <br />f) This Agreement constitutes the entire agreement of the parties relating to the subject matter of <br />this Agreement. This Agreement supersedes and replaces all other written or oral agreements <br />thereto. <br />g) The laws of the State of Washington, without giving effect to principles of conflict of laws, <br />govern all matters arising out of or relating to this Agreement. <br />h) The parties shall bring any litigation arising out of or relating to this Agreement only before the <br />Snohomish County Superior Court. <br />i) No amendment to this Agreement will be effective unless it is in writing and signed by the <br />parties.