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8/2/04 6 <br /> 5. Either party may terminate this Agreement upon giving the other party thirty(30)days <br /> written notice or in the event of an emergency, twenty-four(24)hours written notice. <br /> This contract should be reviewed annually by MFD and MVD. <br /> 6. The CITY'S maximum liability for damages arising out of this Agreement shall be <br /> limited to the amount charged by the CITY to service,maintain or test the equipment <br /> involved in the claim for damages. Damages include,but are not limited to,property <br /> damage and bodily injury. The CITY shall not be liable for any consequential damages <br /> asserted by MFD. <br /> 7. The parties do not intend to create or confer any benefits or rights on third parties. <br /> 8. No property shall be held jointly by the parties. This Agreement does not create a <br /> separate or special entity. <br /> 9. This Agreement shall initially be administered by the persons identified in paragraph 10 <br /> below. Either party may change the person administering this Agreement by giving <br /> notice to the other party. <br /> 10. Any notices shall be sent to the following addresses: <br /> A. City of Everett <br /> do Bill DeRousse, MVD Superintendent <br /> 3200 Cedar <br /> Everett, WA 98201 Phone#425-257-8802 <br /> B. Marysville Fire District <br /> Greg Corn, Fire Chief <br /> 1635 Grove Street <br /> Marysville WA 98270 Phone#360-659-2777 <br /> 11. Either party may file this Agreement with the County Auditor, and shall notify the other <br /> party if it does so. <br /> 12. This Agreement contains the complete and integrated understanding and agreement <br /> between the parties and supersedes any understanding, agreement or negotiation whether <br /> oral or written not set forth herein; provided,however, that any change(s)hereto duly <br /> executed by both parties shall be incorporated in written amendments to this Agreement <br /> with the same formalities as are required for the execution of this Agreement. <br /> 13. If any provision of this Agreement, or its application to any person or circumstance is <br /> held invalid, the remainder of the Agreement or the application of the provisions to other <br /> persons or circumstances shall not be affected. <br /> IN WITNESS WHEREOF, the CITY and MFD have executed this Agreement as of the date <br /> first above written. <br /> C.'Documents and Settinp\greg\Dcsktop\AGREEMENT MARYSVILLE FIRE revised.DOC 48 ^ <br /> 822 13 <br /> 0041350 . WED/arm - l9i <br /> 2 <br />