2005/11/30 Council Agenda Packet

4 2. Notices to Arlington shall be sent to the following address: City of Arlington Attn.: Mayor 238 North Olympic Avenue Arlington, Washington 98223 B. Construction Each party acknowledges that it has read this Agreement,understands it and agrees to be bound by its terms. Each party acknowledges that the Agreement should not be strictly construed against one party or the other,but interpreted reasonably and fairly so as to give effect to the manifest intentions of the parties. C. Modification This Agreement may not be modified except by a written instrument duly executed by the parties hereto. D. Severability In the event that any provision of this Agreement is held invalid,void, illegal or unenforceable, the remainder of this Agreement shall not be impaired or affected thereby, and each term,provision, and part shall continue in full force and effect and shall be interpreted in manner consistent with the intent of the parties. E. Headings for Convenience. The section and subsection headings used herein are for convenience only, and shall not be used to interpret the Agreement. F. Assignment Barred Neither party may assign its rights or duties under this Agreement without the prior written consent of the other party. G. Complete Agreement This Agreement contains the complete and integrated understanding and Agreement between the parties and supersedes any understanding, Agreement or negotiation whether oral or written not set forth herein. H. Governing Law and Venue The laws of the State of Washington shall govern this Agreement. Any lawsuit regarding this Agreement must be brought in the Superior Court of Snohomish County, Washington. I. Relationship of Parties The City of Everett and the City of Arlington shall not be construed as joint venturers or general partners, and neither shall have the power to bind or obligate the other party. 9