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F. Amendment. No amendment to this Agreement will be effective unless in writing <br /> 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,the <br /> remainder of this Agreement, or the application of that provision to any persons or circumstances <br /> other than those as to which it is held unenforceable, will not be affected by that unenforceability <br /> 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 the <br /> 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 /> Attn: Heather Griffin, P.E. Attn. Erik Gerking, P.G. <br /> 3200 Cedar St. 1200 Craftsman Way <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 or <br /> parties an amount equal to the reasonable attorneys fees and costs incurred by the prevailing party, <br /> 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 /> M. Recording of this Agreement. This Agreement shall be recorded or otherwise made <br /> available to the public in accordance with RCW 39.34.040. <br /> 5 <br /> SOM\03221\0081\00762427.v I <br />