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either party file suit in any judicial forum pursuant to that Part K,that party shall have recourse <br /> first to the Federal District Court for the Western District of Washington, and only if that Court <br /> rules that it lacks subject matter jurisdiction will any party seek relief in an alternative judicial <br /> forum. <br /> 17. Miscellaneous. <br /> A. 1991 Contract. The 1991 Contract remains in full force and effect under <br /> its terms. Water received by Tulalip from Everett,through the Marysville system, shall continue <br /> to be available for use by Tulalip consistent with and subject to the terms of the 1991 Contract. <br /> B. 2005 Agreement. Except as otherwise provided in this Contract,the 2005 <br /> Agreement shall apply to and be integrated with this Contract. <br /> C. 2006 Interlocal Agreement. The 2006 Interlocal Agreement shall remain <br /> in effect only until Project completion, consistent with the terms of that Agreement. <br /> D. Contract Controls. In the event of conflict, ambiguity or inconsistency,the <br /> provisions of this Contract shall control over other agreements and contracts in which Everett <br /> and Tulalip are both parties. <br /> E. Headings. The headings used herein are for convenience of reference only <br /> and shall not affect the meaning or interpretation of this Contract. <br /> F. No Third Party Beneficiaries. Except as expressly set forth in this <br /> Contract; none of the provisions of this Contract shall inure to the benefit of or be enforceable by <br /> any third party. <br /> G. Waivers. Except as otherwise provided herein or as agreed by the parities, <br /> no provision of this Contract may be waived except as documented or confirmed in writing. Any <br /> waiver at any time by a party of its right with respect to a default under this Contract, or with <br /> respect to any other matter arising in connection therewith, shall not be deemed a waiver with <br /> respect to any subsequent default or matter. Either party may waive any notice or agree to accept <br /> a shorter notice than specified in this Contract. Such waiver of notice or acceptance of shorter <br /> notice by a party at any time regarding a notice shall not be considered a waiver with respect to <br /> any subsequent notice required under this Contract. <br /> H. Invalid Provision. The invalidity or unenforceability of any provision of <br /> this Contract shall not affect the other provisions hereof, and this Contract shall be construed in <br /> all respects as if such invalid or unenforceable provisions were omitted. <br /> I. Amendment. No change, amendment or modification of any provision of <br /> this Contract shall be valid unless set forth in a written amendment to this Contract signed by <br /> 7 <br />