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9 <br /> Agreement. <br /> Section 13. Nonwaiver of Rights. <br /> Except as provided in subsections 11(e) or 11(f), no waiver of any right under this <br /> Agreement shall be effective unless made in writing by the authorized representative of the party to <br /> be bound thereby. Failure to insist upon full performance of any one or several occasions does not <br /> constitute consent to or waiver of any later non-performance nor does payment of a billing or <br /> continued performance after notice of a deficiency in performance constitute an acquiescence <br /> thereto. The parties are entitled to all remedies in law or equity. <br /> Section 14. Modification/Amendment <br /> (a) All provisions of this Agreement may be modified and amended with the mutual <br /> written consent of the parties. This Agreement may not be modified orally. Modification <br /> must be accomplished with the same formalities as are required for execution of this <br /> agreement. <br /> (b) The CITY and COUNTY may elect, by mutual agreement, to reopen negotiations <br /> for the express purpose of changing the CITY's agreed upon number of inmate days in the <br /> following calendar year. If the CITY and COUNTY are not able to come to an agreement <br /> on a change in the agreed upon number of inmate days, the current year's agreed upon <br /> number of inmate days shall remain the same in the following year. <br /> (c) In the event of a change in State law or a ruling from a precedent setting court that <br /> significantly impacts the incarceration of CITY inmates, the COUNTY and the CITY may <br /> reopen negotiations to amend the agreed upon number of inmate days used in the current <br /> year and following year. <br /> Section 15. Notices. <br /> (a). All notices required by this Agreement to be given to the COUNTY shall be <br /> made in writing and personally delivered or sent by certified mail to the Director. <br /> (b). All notices required by this Agreement to be given to the CITY shall be made in <br /> writing and personally delivered or sent by certified mail to the Chief Law Enforcement <br /> Officer of the CITY. <br /> (c). The Director and the Chief Law Enforcement Officer of the CITY, shall be <br /> the administrators of this Agreement pursuant to RCW 39.34.030(4)(a). <br /> Interlocal Agreement for Jail Services Page 11 of 20 <br /> 2005-2009 <br /> 6 . <br />