King County Metro 12/27/2016 - Laserfiche WebLink

15.5 Governing Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of Washington. Any legal action arising out of this Agreement shall be brought in the Thurston County Superior Court situated in Olympia, Washington. 15.6 Force Majeure, Either Party to this Agreement shall be excused from performance of any responsibilities and obligations under this Agreement, and shall not be liable for damages due to failure to perform, during the time and to the extent that it is prevented from performing by a cause directly or indirectly beyond its control, including, but not limited to: late delivery or nonperformance by vendors of materials or supplies; any incidence of fire, flood, snow, earthquake, or acts of nature; strikes or labor actions; accidents, riots, insurrection, terrorism, or acts of war; order of any court of competent jurisdiction or authorized civil authority commandeering material, products, or facilities by the federal, state or local government; or national fuel shortage; when satisfactory evidence of such cause is presented to the other Party to this Agreement, and provided that such non-performance is beyond the control and is not due to the fault or negligence of the Party not performing. In no event should this provision eliminate the STATE's obligation to make payment for invoices submitted for Work performed by the COUNTY pursuant to this Agreement. 15.7 Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives originally contemplated by the Parties. 15.8 Attorneys' Fees. In the event of litigation or other action brought to enforce the terms contained in this Agreement, each Party agrees to bear its own attorneys' fees, witness fees, and other costs. 15.9 Survival. The provisions of this Section 15 (General) shall survive any termination or expiration of this Agreement. 15.10 Order of Precedence. In the event of any conflicts, resolution shall be resolved in the following order of precedence: A. Applicable federal and state law and regulations; B. Terms and conditions of the Agreement including its exhibits; and C. The applicable Task Order. 16.0 Authority to Sign. The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective entities to the obligations set forth herein. GCA 6141 Master Agreement for TDM Work by King County Page 9 of 10