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4 <br /> (Cont.) NON CONSORTIUM PUBLIC FACILITY USE A G R E E M E N T: University Center at <br /> Everett Station: <br /> TERMS AND CONDITIONS <br /> 7 CONTRACT DOCUMENTS <br /> The Contract Documents, except for Modifications issued after execution of the <br /> Agreement, are listed as follows: <br /> 1] Facility Use Agreement 2] Attachment A] , Attachment B <br /> 8 WHOLE AGREEMENT <br /> This Agreement, and the contract documents delineated in section 7, is the complete and <br /> exclusive statement of the Agreement between the parties relevant to the purpose <br /> described above and supersedes all prior agreements or proposals, oral or written, and all <br /> other communications between the parties related to the subject matter of this Agreement. <br /> No modification of this Agreement will be binding on either party except as a written <br /> addendum signed by an authorized agent of both parties. <br /> 9 FORCE MAJEURE <br /> The obligations of the parties shall be suspended and excused if the performance of either <br /> is prevented or delayed by acts of nature, earthquakes, fire, flood, or the elements, <br /> malicious mischief, insurrection, riots, strikes, lockouts, boycotts, picketing, labor <br /> disturbances, war, compliances with any directive, order or regulation of any governmental <br /> authority or representative thereof made under claim or color of authority; loss or shortage <br /> of any part of the Contractor's own or customary transportation or delivery facilities, or for <br /> any reason beyond the control of the Contractor or University whether or not similar to the <br /> foregoing <br /> 10 GOVERNING LAW <br /> This Agreement shall be governed by the laws of the State of Washington. Any action <br /> brought hereunder shall be in Superior Court, County of Whatcom, State of Washington. <br /> 11 HOLD HARMLESS <br /> To the extent permitted by law, facility users shall protect, save, and indemnify the NSIS <br /> from and against any and all claims, demands, causes of action, suits, or legal judgments <br /> (including costs and expenses incurred in connection therewith and including any costs and <br /> expenses incurred by the NSIS in establishing its rights to indemnification) for deaths or <br /> injuries to persons or for loss of or damage to property arising out of or in connection with <br /> the use and occupancy of the University Center's premises by the facility users, their <br /> agents, servants, employees, or invitees. In the event of any claims made or suits filed, the <br /> NSIS shall give the facility users prompt notice thereof, and the facility users shall <br /> l :3 <br /> 2 <br />