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Ordinance 2587-02
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Ordinance 2587-02
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4/11/2014 3:48:51 PM
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Ordinances
Ordinance Number
2587-02
Date
2/13/2002
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and hold the other parties harmless only to the extent of that party's negligence. The <br /> indemnification hereunder shall be for the benefit of the City and the District as entities, and not <br /> for members of the general public. <br /> 18. NO THIRD PARTY BENEFICIARIES. The Agreement is made and entered <br /> into for the sole protection and benefit of the City and the District and their successors and <br /> assigns. No other person or entity shall have any right of action or interest in the Agreement <br /> based upon any provision of the Agreement, except as provided in Subsection 4.1.2.3 of the <br /> Agreement. <br /> 19. FORCE MAJEURE. The timing or performance by any party under the <br /> Agreement shall be excused during any extraordinary natural events or weather conditions, war, <br /> riots, labor disputes, or inability to procure required construction supplies and materials, delays <br /> in environmental review, permitting, or other environmental requirements or work, including <br /> environmental mitigation, delays as a result of legal or administrative challenges brought by <br /> parties other than signatories to the Agreement, delays in acquisition of right of way, or other <br /> necessary property or interests in property, including the exercise of eminent domain. <br /> 20. NOTICES. All communications, notices and demands of any kind which the <br /> City or District requires or desires to give to the other shall be in writing and deposited in the <br /> U.S. mail, certified mail, postage prepaid, return receipt requested, and addressed as follows: <br /> If to the City: City of Everett <br /> 3002 Wetmore <br /> Everett, Washington Lc r /198201/ <br /> Attention: r 1 Cr a.u)tdrTi, Exec•.b Ir• <br /> If to the District: Everett Public Facilities District <br /> 2825 Colby Avenue, Suite 205 <br /> Everett, Washington 98201 <br /> Attention: Executive Director <br /> 21. COMPLIANCE WITH LAWS. The District and the City shall comply with all <br /> applicable federal, state and local laws, regulations and rules in performing this Agreement. <br /> 22. TIME OF THE ESSENCE. Time is of the essence in the Agreement. <br /> 23. CONSENTS NOT UNREASONABLY WITHHELD. Whenever this <br /> Agreement requires the approval or consent of either the District or the City, such approval or <br /> consent shall not be unreasonably withheld. <br /> -15- <br /> INTERLOCAL FINANCING AGREEMENT <br /> 200203010680 <br />
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