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2005/07/27 Council Agenda Packet
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2005/07/27 Council Agenda Packet
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Council Agenda Packet
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7/27/2005
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yF• <br /> • <br /> V <br /> Insurance laws,Title 51 RCW,solely for the purposes of this indemnification,and that <br /> this waiver has been mutually negotiated. <br /> 5.5 In entering this Agreement,neither the City nor the Entity assume any duty to any third <br /> party and no liability shall attach to either the Entity or the City by reason of entering into <br /> this Agreement except as expressly provided herein.Neither the City nor the Entity <br /> intends to benefit any third party by this Agreement. <br /> 6. TERMINATION <br /> This agreement may be terminated for any reason by the City or Entity.Any termination by either <br /> party is effective by said party providing the other party with thirty(30)days' written notice of <br /> termination. <br /> 7. DISPUTES <br /> If a dispute arises between the City and the Entity,the parties agree that they will attempt to <br /> resolve the issues through mutual negotiation. In the event that the parties are not able to reach an <br /> Agreement through such negotiation,the Parties agree to engage in mediation in order to resolve <br /> the dispute.Mediation may be requested by either party, and shall be attempted prior to the <br /> institution of any lawsuit arising under this Agreement.The Parties agree to share the costs of <br /> mediation equally. <br /> 8. CHANGES AND MODIFICATIONS <br /> Either party may request changes, amendments,or additions to any portion of this Agreement; <br /> however,no such changes,amendments,or additions to any portion of this Agreement shall be <br /> valid or binding upon either party unless it is in writing and executed by both parties. <br /> 9. NOTICES AND CONTACTS <br /> Unless otherwise directed in writing,notices,reports,invoices,and payments shall be delivered <br /> to each party as follows: <br /> City of Everett <br /> Attn: Debbie Faust <br /> 3200 Cedar Street <br /> Everett,Washington 98201 <br /> Notices mailed by either party shall be deemed effective on the date mailed.Either party may <br /> change its address for receipt of reports,notices, invoices, or payments by giving the other written <br /> notice of not less than seven(7)days prior to the effective date. <br /> 10. ENTIRE AGREEMENT <br /> These provisions represent the entire and integrated Agreement of the parties and may not be <br /> modified or amended except as provided herein.Any understanding,whether oral or written,not <br /> expressly stated in this Agreement herein is expressly excluded. <br /> 17 <br />
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