2008/12/31 Council Agenda Packet

n of Association operations. The meeting will be held between November 1 and December 31st and include the Everett Parks Director or his/her designee and Everett Rowing Association Board President or his/her designee and others as each deems appropriate. 9. Termination. Either party may terminate this Agreement at any time with or without cause by giving thirty(30)days written notice of said termination and specifying the effective date. 10. Entire Agreement. This Agreement shall constitute the entire agreement of the parties and no other written, oral or other understanding involving activities pursuant to the Agreement shall be binding on either party; Provided,however that any change(s)hereto duly executed by both parties shall be incorporated in written amendments to this Agreement. 11. Severability. If any provision of this agreement, or its application to any person or circumstance is held invalid,the remainder of the Agreement,or the application of the provision to other persons or circumstances shall not be affected. 12. Disputes. Mediation by a mutually agreed mediator is encouraged at any stage of a dispute between the parties. In the event of unresolved disputes,either party may demand arbitration of a dispute by written notice outlining the dispute, the attempts at resolution, and naming an arbitrator to resolve the dispute. The other party shall respond by naming in writing a second arbitrator. The two arbitrators named by the parties shall agree on a third arbitrator. The panel of arbitrators so selected shall hear and decide the dispute by written decision of a majority of the panel. Each party shall bear the expense of the arbitrator it selects plus one-half the cost of the arbitrator selected by the panel. It is agreed that the venue for any lawsuit arising out of this Agreement shall be Snohomish County. 13.Notices. A. Notice to the City of Everett shall be sent to the following address: City of Everett Attn: Jane Lewis 802 E. MukiIteo Boulevard Everett WA 98203 B. Notice to the Contractor shall be sent to the following address: Everett Rowing Association P.O. Box 1774 Everett WA 98206 January 1,2009.