2008/10/15 Council Agenda Packet

SECTION 23. NOTICE 23.1 Any notices given under this.Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page. SECTION 24. NO BENEFIT TO THIRD PARTIES 24.1 This Agreement shall not be construed to provide any benefits to any third parties, including but not limited to the employees or volunteers of any Party. Without limiting the foregoing, this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine. SECTION 25. SEPARATE PROPERTY 25.1. It is not contemplated that any property, real or personal, will be acquired by any Party separately or jointly as a result of this Agreement. No separate fund shall be established with regard to this Agreement. Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition. All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party. SECTION 26. DRAFTING 26.1. Each Party has fully participated in the drafting of this Agreement. Therefore, this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision. SECTION 27. SEVERABILITY 27.1. Any invalidity, in whole or in part, of any provision of this Agreement, shall not affect the validity of any other of its provisions. SECTION 28. WAIVER 28.1. No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the'Party claimed to have waived or consented. SECTION 29. AMENDMENT 29.1. No modification, termination or amendment of this Agreement may be made except by written agreement signed by all Parties. • C.9 • PAGE 10