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B <br /> parties relating to the subject matter of this Agreement. This Agreement supersedes and replaces <br /> all other written or oral agreements thereto. <br /> F. Amendment. No amendment to this Agreement will be effective unless in <br /> writing and signed by the Mayor of the City and by an authorized representative of the Port. <br /> G. Waiver. No waiver of satisfaction of any condition or nonperformance of an <br /> obligation under this Agreement will be effective unless it is in writing and signed by the party <br /> granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other <br /> condition or nonperformance of any other obligation. <br /> H. Severability. If any provision of this Agreement is unenforceable to any extent, <br /> the remainder of this Agreement, or the application of that provision to any persons or <br /> circumstances other than those as to which it is held unenforceable, will not be affected by that <br /> unenforceability and will be enforceable to the fullest extent permitted by law. <br /> I. Notice. For a notice under this Agreement to be valid, it must be in writing and <br /> 'the sending party must use one of the following methods of delivery: (A)personal delivery to the <br /> address stated below; (B)first class postage prepaid U.S. Mail to the address stated below; or (C) <br /> nationally recognized courier to the address stated below,with all fees prepaid. <br /> Notice to City Notice to Port <br /> City of Everett Public Works Port of Everett <br /> • Attu: Heather Griffin,P.E. Attn. Erik Gerking,P.G. <br /> • 3200 Cedar St. 1200 Craftsman Way • <br /> • <br /> Everett,WA 98201 Everett,Washington 98206 <br /> A party may change its address by delivering written notice to the other party of the new <br /> address. <br /> J. Attorneys Fees and Costs. The prevailing party in any action brought to enforce <br /> any obligations under this Agreement shall be entitled to recover from the non-prevailing party <br /> or parties an amount equal to the reasonable attorneys fees and costs incurred by the prevailing <br /> party, including without limitation any costs incurred on appeal or in any bankruptcy proceeding. <br /> K. No Third-Party Beneficiaries. The provisions of this Agreement are for the sole <br /> benefit of the parties to this Agreement. No other persons have any rights or remedies under this <br /> Agreement. <br /> L. Compliance with the Washington State Public Records Act. The parties <br /> acknowledge they are subject to the Public Records Act, chapter 42.56 RCW. Both parties shall <br /> cooperate with each other so that each may comply with all of its obligations under the Public <br /> Records Act. <br /> 1305 <br /> SOM\03221\0081\00762127.x1 <br />