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<br />(2024 ed.) <br />HISTORIC PRESERVATION GRANT AGREEMENT <br /> Page 7 of 9 <br />released to the requester unless Everett Public Library obtains a court order to enjoin that disclosure <br />pursuant to RCW 42.56.540. If Everett Public Library fails to timely obtain a court order enjoining <br />disclosure, the County will release the requested information on the date specified. <br /> <br />The County has, and by this section assumes, no obligation on behalf of Everett Public Library <br />to claim any exemption from disclosure under the Act. The County shall not be liable to Everett <br />Public Library for releasing records not clearly identified by the Everett Public Library as confidential <br />or proprietary. The County shall not be liable to Everett Public Library for any records that the County <br />releases in compliance with this section or in compliance with an order of a court of competent <br />jurisdiction. <br /> <br />21. Prevailing Wage. In completing the Project, Everett Public Library shall comply with <br />Washington State Prevailing Wage laws. Everett Public Library shall pay any laborers and mechanics <br />performing work for the Project at wage rates not less than those prevailing on similar construction <br />in the locality in accordance with 39.12 RCW pertaining to payment of state prevailing wages on <br />public works projects. Everett Public Library shall require all contractors and subcontractors to <br />comply with RCW 49.28.060 and 49.28.065. Everett Public Library shall file and ensure that any <br />subcontractor file with Department of Labor and Industries a Statement of Intent to Pay Prevailing <br />Wages and Affidavit of Wages Paid. Compliance with this section is material to this Agreement, any <br />breach of this Section 21 is cause for County termination under Section 17. <br /> <br />22. Interpretation. This Agreement and each of the terms and provisions of it are deemed <br />to have been explicitly negotiated by the parties. The language in all parts of this Agreement shall, <br />in all cases, be construed according to its fair meaning and not strictly for or against either of the <br />parties hereto. The captions and headings of this Agreement are used only for convenience and are <br />not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall <br />be construed so that wherever applicable the use of the singular number shall include the plural <br />number, and vice versa, and the use of any gender shall be applicable to all genders. <br /> <br />23. Complete Agreement. This Agreement constitutes the entire understanding of the <br />parties. Any written or verbal agreements that are not set forth herein or incorporated herein by <br />reference are expressly excluded. <br /> <br />24. Conflicts between Attachments and Text. Should any conflicts exist between any <br />attached application and the text or main body of this Agreement, the text or main body of this <br />Agreement shall prevail. <br /> <br />25. No Third Party Beneficiaries. The provisions of this Agreement are for the exclusive <br />benefit of the County and Everett Public Library. This Agreement shall not be deemed to have <br />conferred any rights, express or implied, upon any third parties. <br /> <br />26. Governing Law; Venue. This Agreement shall be governed by the laws of the State of <br />Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of <br />the State of Washington, in and for Snohomish County.