Laserfiche WebLink
6 <br />the Clean Air Act (42 U.S.C. §§ 7401 et seq.), the Clean Water Act (33 U.S.C. §§ 1251 et seq.), the <br />Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.), the Resource Conservation and Recovery <br />Act (42 U.S.C. §§ 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.), the <br />Emergency Planning and Community Right-To-Know Act (42 U.S.C. §§ 11001 et seq.), and any <br />similar or comparable state or local laws, including without limitation, the Model Toxics Control <br />Act (Chapter 70A.030 RCW, formerly codified at Chapter 70.105D RCW) and the Hazardous Waste <br />Management Act (Chapter 70A.029 RCW, formerly codified at Chapter 70.105 RCW). <br />(d) All portions of this Section shall survive the expiration or termination of <br />this License. <br />16. MISCELLANEOUS <br />(a) Notices. All notices to be given by the parties shall be in writing and may <br />either be served personally, delivered by overnight courier (such as UPS or Fed Ex) or deposited <br />in the United States mail, postage prepaid, by either registered or certified mail to the notice <br />addresses provided in Part A of this License. A party may change its notice address effective on <br />written notice to the other party. All such notices shall be deemed delivered and effective on <br />the earlier of (i) the date received or refused for delivery, or (ii) five (5) calendar days after having <br />been deposited in the United States Postal Service, postage prepaid. In lieu of the foregoing, the <br />City may deliver any notice to the Licensee’s email address in Part A, in which case the notice <br />shall be deemed delivered and effective upon sending. <br />(b) No Waiver of Covenants. No waiver of any default hereunder shall be <br />implied from any omission by either party to take any action on account of such default if such <br />default persists or is repeated and no express waiver shall affect any default other than the <br />default specified in the express waiver and then only for the time and to the extent therein <br />stated. The subsequent acceptance of Rent by the City shall not be deemed to be a waiver of any <br />preceding breach by Licensee of any agreement, condition or provision of this License, other than <br />the failure of Licensee to pay the particular Rent so accepted, regardless of the City's knowledge <br />of such preceding breach at the time of acceptance of such Rent. One or more waivers of any <br />breach of any covenant, term, or condition of this License shall not be construed as a waiver of <br />any subsequent breach of the same covenant, term, or condition. <br />(c) No Consequential Damages. Notwithstanding any contrary provision <br />herein, the City shall not be liable under any circumstances for injury or damage to, or <br />interference with, Licensee's business, or for any consequential, incidental or special damages, <br />including but not limited to, loss of profits, loss of rents or other revenues, loss of business <br />opportunity, loss of goodwill or loss of use, in each case, however occurring. <br />(d) Joint and Several Liability. If Licensee is composed of more than one <br />signatory to this License, each signatory shall be jointly and severally liable with each other <br />signatory for payment and performance according to this License. The act of, notice to, notice <br />from, refund to or signature of, any signatory to this License (including, without limitation, <br />modifications of this License made by fewer than all such signatories) shall bind every other <br />signatory as though every other signatory had so acted, or received or given the notice or refund, <br />or signed.