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3 <br /> <br />D. To the extent that RCW 4.24.115 is applicable, (i) if the claims, demands, <br />expenses or suits are caused by or result from the concurrent negligence of (1) Owner, its <br />employees, subcontractors or agents and (2) the City, its officers, agents and employees, the <br />indemnity provisions provided herein shall be valid and enforceable only to the extent provided <br />by law; and (ii) solely for the purpose of this indemnification and defense, Owner and the City <br />specifically waive any immunity under the State Industrial Insurance Law, Title 51 RCW. Owner <br />and the City recognize that this waiver of immunity under Title 51 RCW was specifically entered <br />into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. <br />7. GENERAL. <br />A. Entire Agreement. This is the entire agreement of City and Owner with <br />respect to the matters covered hereby and supersedes all prior agreements between them, <br />written or oral. This Agreement specifically supersedes and replaces the Parties’ “Wiggums <br />Hollow Park Housing Authority Agreement” dated August 5, 1998. <br />B. Waiver. Any waivers hereunder must be in writing. No waiver of any right <br />or remedy in the event of default hereunder shall constitute a waiver of such right or remedy in <br />the event of any subsequent default. <br />C. Law and Venue. This Agreement shall be governed by the laws of the State <br />of Washington. Exclusive venue for any dispute arising out of this Agreement is Snohomish <br />County Superior Court. <br />D. No Third Party Beneficiary. This Agreement is for the benefit only of the <br />parties hereto and shall inure to the benefit of and binds the heirs, personal representatives, <br />successors and assigns of the parties hereto. <br />E. Severability. The invalidity or unenforceability of any provision of this <br />Agreement shall not affect the validity or enforceability of any other provision hereof. This <br />Agreement was negotiated, and the language in all parts will be given its fair meaning and will <br />not strictly for or against either party. <br />F. Notice. Any notice under this Agreement shall be in writing delivered by <br />first class mail, properly addressed to the address(es) in the Basic Provisions and with the <br />required postage. A Party may update its address by written notice to the other Party. <br />G. Amendments. Any amendment of this Agreement must be in writing and <br />signed by the Parties. Any amendment must be signed by an authorized representative of Owner <br />and, unless otherwise expressly provided herein, by the Mayor of the City of Everett for City. <br />H. Counterparts/Signatures. The Parties may execute this Agreement in one <br />or more identical counterparts, all of which when taken together will constitute one and the <br />same instrument. A Party’s signature may be AdobeSign, which is fully binding. <br /> <br />[signatures on following page(s)] <br /> <br />