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Interagency Agreement No. C0600004 <br /> Community Litter Cleanup Program <br /> Agreement with City of Everett <br /> if <br /> TERMINATION FOR CAUSE <br /> If for any cause, either party does not fulfill in a timely and proper manner its obligations under this <br /> Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give <br /> the other party written notice of such failure or violation. The responsible party will be given the <br /> opportunity to correct the violation or failure within 15 working days. If the failure or violation is not <br /> corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to <br /> the other. <br /> DISPUTES <br /> In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in <br /> the following manner: Each party to this agreement shall appoint one member to the Dispute Board. <br /> The members so appointed shall jointly appoint an additional member to the Dispute Board. The <br /> Dispute Board shall review the facts, contract terms and applicable statutes and rules and make a <br /> determination of the dispute. The determination of the Dispute Board shall be final and binding on <br /> the parties hereto. As an alternative to this process, either of the parties may request intervention <br /> by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. <br /> GOVERNANCE <br /> This contract is entered into pursuant to and under the authority granted by the laws of the state of <br /> Washington and any applicable federal laws. The provisions of this agreement shall be construed to <br /> conform to those laws. <br /> In the event of an inconsistency in the terms of this Agreement, or between its terms and any <br /> applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following <br /> order: <br /> a. applicable state and federal statutes and rules; <br /> b. scope of work; and <br /> c. any other provisions of the agreement, including materials incorporated by reference. <br /> ASSIGNMENT <br /> The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or <br /> delegable by either party in whole or in part, without the express prior written consent of the other <br /> party, which consent shall not be unreasonably withheld. <br /> WAIVER <br /> A failure by either party to exercise its rights under this agreement shall not preclude that party from <br /> subsequent exercise of such rights and shall not constitute a waiver of any other rights under this <br /> Agreement unless stated to be such in a writing signed by an authorized representative of the party <br /> and attached to the original Agreement. <br /> SEVERABILITY <br /> If any provision of this Agreement or any provision of any document incorporated by reference shall <br /> be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be <br /> given effect without the invalid provision, if such remainder conforms to the requirements of <br /> applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this <br /> Agreement are declared to be severable. <br /> 5 of 6 <br />