Tulalip Tribes 11/9/2016 - Laserfiche WebLink

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