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2 <br /> BNSF pursuant to Article III, Section 1 herein,without obtaining BNSF's prior written consent and the <br /> execution of a supplement to this Agreement or the completion of a separate agreement. <br /> 18. Any books, papers, records and accounts of the parties hereto relating to the work hereunder or <br /> the costs or expenses for labor and material connected with the construction shall at all reasonable times <br /> be open to inspection and audit by the agents and authorized representatives of the parties hereto, as <br /> well as the State of Washington and the Federal Highway Administration, for a period of three (3) years <br /> from the date of final payment. <br /> 19. The covenants and provisions of this Agreement shall be binding upon and inure to the benefit of <br /> the successors and assigns of the parties hereto. Notwithstanding the preceding sentence, neither party <br /> hereto may assign any of its rights or obligations hereunder without the prior written consent of the other <br /> party. <br /> 20. In the event construction of the Project does not commence within eighteen (18) months of the <br /> Effective Date,this Agreement shall become null and void. <br /> 21. Neither termination nor expiration of this Agreement shall release either party from any liability or <br /> obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or <br /> events happening prior to the date of termination or expiration. <br /> 22. To the maximum extent possible, each provision of this Agreement shall be interpreted in such a <br /> manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be <br /> prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the <br /> extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any <br /> other provision of this Agreement. <br /> 23. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein) is <br /> the full and complete agreement between BNSF and Agency with respect to the subject matter herein <br /> and supersedes any and all other prior agreements between the parties hereto. <br /> 24. Any notice provided for herein or concerning this Agreement shall be in writing and be deemed <br /> sufficiently given when sent by certified mail, return receipt requested, to the parties at the following <br /> addresses: <br /> The Burlington Northern and Doug Werner <br /> Santa Fe Railway Company Assoc. General Councel <br /> BNSF's Law Department <br /> 2600 Lou Menk Drive <br /> Fort Worth,Texas 76131 <br /> Attn: Doug Werner <br /> Phone No. (817) 352-2363 <br /> Fax No. (817) 352-2399 <br /> The Burlington Northern and J. M. (Mike) Cowles <br /> Santa Fe Railway Company: Manager Public Projects <br /> 2454 Occidental Avenue So., Ste 1-A <br /> Seattle,WA. 98134 <br /> Phone No. (206) 625-6146 <br /> Fax No. (206) 625-6115 <br /> With a copy to: Division Engineer <br /> 2454 Occidental Ave. So.—Ste 1-A <br /> Seattle,WA. 98134 <br /> Telephone No. (206) 625-6363 <br /> Telecopy No. (206) 625-6265 <br /> 13 <br /> Form 0105 Rev. 1/30/03 <br /> 9 <br />