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2 <br /> the parties agree that their liability shall be borne in accordance with and as determined under <br /> federal and Washington State laws. <br /> B. Notwithstanding any other provision of this Contract,neither Tulalip nor <br /> Everett shall be liable under or pursuant to this Contract for indirect,incidental, special, <br /> exemplary or consequential damages, including but not limited to damages for lost profits or <br /> benefits, even if such party has been advised of the possibility or existence of such damages. <br /> 12. Uncontrollable Forces or State or Federal Law Changes. Neither of the parties <br /> hereto shall be considered to be in default in respect to any obligations hereunder if prevented <br /> from fulfilling such obligations by reason of uncontrollable forces or material changes in state or <br /> federal law.Parties rendered unable to fulfill any obligation hereunder by reason of an <br /> uncontrollable force or material change in state or federal law shall exercise due diligence to deal <br /> with such uncontrollable force with all reasonable dispatch and to take actions consistent with the <br /> purpose of this Contract. <br /> 13. Assignment; Successors Bound. Neither this Contract nor any right or privilege <br /> herein shall be assigned by any party without the written consent of the other party. <br /> 14. Notice.Formal notice and official communications between the parties regarding <br /> this Contract shall be sent by first class mail as follows: <br /> TO: Everett TO:Tulalip <br /> Mayor, City of Everett Chairman,Tulalip Tribes of Washington <br /> 2930 Wetmore Avenue 6406 Marine Drive <br /> Everett,WA 98201 Marysville,WA 98-271-4032 <br /> 15. Relationship of the Parties. This Contract and the Agreement for Settlement, <br /> Water Supply, and Water Delivery System Between the Tulalip Tribes of Washington,and the <br /> City of Everett dated 16 September 2005 describes the entire relationship of the parties with <br /> regard to the subject matter herein concerned.Except as maybe explicitly provided otherwise <br /> herein,the Parties are independent entities and shall not be deemed to be partners,joint ventures, <br /> principals, or agents of each other for any purpose whatsoever.Each party shall have and <br /> maintain sole and complete control over all of its employees, agents, and operations.Except as <br /> may otherwise be explicitly provided herein, or in separate agreement, each and all of the <br /> obligations,responsibilities, and liabilities of the parties under and in connection with this <br /> Contract are several, and not joint, and no separate legal or administrative entity will be created <br /> to fulfill the purposes of this Contract. <br /> 16. Dispute Resolution. Any dispute under or in connection with this Contract shall <br /> be governed by the General Governmental Dispute Resolution Process of Part K of the <br /> Agreement for Settlement,Water Supply, and Water Delivery System Between the Tulalip <br /> Tribes of Washington,and the City of Everett dated 16 September 2005;provided,that should <br /> 6 <br /> 73 <br />