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7 <br />public projects to Everett at least 30 days before the project is advertised for bid. Lake Stevens <br />projects will be designed in accordance with Everett Water Transmission Line Right-of-Way <br />Standards or mutually agreed alternatives. Lake Stevens will not start construction unless <br />Everett’s Public Works Director or designee has approved in writing the project plans, which <br />approval shall not be unreasonably denied. This approval is also project approval for the purposes <br />of the Everett easement or other property right applicable to such project. In addition to the <br />construction plans, the timing of construction may be conditioned by Everett to correspond with <br />Everett water transmission line operations. Lake Stevens acknowledges that one of the instances <br />in which it will be reasonable for Everett to withhold approval is if the proposed improvements <br />upon completion would materially interfere with routine, day-to-day operation and maintenance <br />of the transmission lines. Lake Stevens will follow Everett’s case-by-case requirements for <br />protection of the transmission lines during project construction. <br />1.C.5 Release. Unless otherwise agreed in a project-specific agreement, Lake Stevens <br />hereby releases Everett from all liability and claims arising from damage to Lake Stevens <br />improvements in the Water Corridor when such damage is caused by Everett transmission line <br />construction or Everett transmission line maintenance and operations, including without limitation <br />damage caused by Everett emergency response to transmission line breaks or by Everett <br />transmission line capital projects performed in compliance with the provisions of this Agreement. <br />1.D Everett Work <br />1.D.1 Lake Stevens Permits. When undertaking construction projects within Lake <br />Stevens, Everett will apply for applicable permit approval from Lake Stevens. Emergency <br />response and maintenance activities by Everett are exempt from Lake Stevens’ permitting <br />requirements. <br />1.D.2 Lead Agency. Pursuant to WAC 197-11-926, Everett shall be the lead agency for <br />proposals that Everett initiates. <br />SECTION 2: GENERAL PROVISIONS <br />2.A. Administration. Each Party to this Agreement shall serve as an administrator of <br />this Agreement for the purposes of compliance with RCW 39.34.030 for each Party’s respective <br />actions in performance of this Agreement. To the extent required by applicable law, each Party is <br />responsible for financing and maintaining a budget for its activities under this Agreement. <br />2.B Duration/Termination/Suspension. This Agreement shall take effect when it has <br />(i) been duly executed by both Parties, and (ii) as provided by RCW 39.34.040, either filed with <br />the County Auditor or posted on the Interlocal Agreements website of either Party. <br />2.B.1 Duration. This Agreement will remain in effect so long as Everett <br />operates transmission lines in the Water Corridor in Lake Stevens, unless sooner terminated (or <br />suspended, as set forth below) as provided in this Agreement. <br />2.B.2 Suspension. This Agreement may be suspended at any time by either <br />Party at such Party’s sole discretion by delivering to the other Party a written suspension notice <br />(the date of notice delivery, the “Suspension Date”). Upon notice delivery, this Agreement is <br />not applicable to any permit application that is incomplete as of the Suspension Date or that is <br />submitted after the Suspension Date. This Agreement remains applicable to complete permit <br />applications as of the Suspension Date and to permits issued before the Suspension Date. In the <br />event that a project as of the Suspension Date has a permit issued pursuant to this Agreement (or