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4 <br /> NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises <br /> hereinafter contained, the parties agree as follows: <br /> 1. Term. The term of this Agreement shall be for three (3) years, commencing on March 1, <br /> 2009 and continuing through February 29, 2012. <br /> 2. EVERETT agrees to use the funds made available under this Agreement only for boating <br /> safety purposes as defined by WAC 352-65-040. EVERETT further agrees to use the <br /> funds to increase boating safety education and enforcement efforts and to stimulate <br /> greater local participation in boating safety, but not to use the funds to supplant existing <br /> boating safety funding. <br /> 3. EVERETT certifies that it has and agrees to continue to operate its boating safety <br /> programs throughout the term of this Agreement in compliance with the state's program <br /> requirements and to comply with all applicable federal, state and local laws in performing <br /> any activities resulting from the use of the funds distributed under this agreement. <br /> 4. EVERETT agrees to submit an annual report of activities performed and participate in <br /> statewide boating surveys as required by state parks. <br /> 5. The COUNTY agrees that within seventy-five (75) days of allocation from the state <br /> treasurer of vessel registration fee distributions the COUNTY shall deliver to <br /> EVERETT a treasurer's check equal to forty (40) percent of the vessel registration fee <br /> distribution received by the COUNTY. The parties agree that it is full payment of <br /> EVERETT's equitable share. <br /> 6. Governing Law and Venue. This Agreement shall be governed by, construed and <br /> enforced in accordance with the laws of the State of Washington. The parties stipulate <br /> that the venue of any action arising out of this Agreement shall be in the Superior Court <br /> of the State of Washington, in and for Snohomish County. <br /> 7. Severability. Should any clause, phrase, sentence or paragraph of this agreement be <br /> declared invalid or void, the remaining provisions of this Agreement shall remain in full <br /> force and effect. <br /> 8. Assignment. This Agreement shall not be assigned, either in whole or in part, by either <br /> party without the express prior written consent of the other party, which may be granted <br /> or withheld in such party's sole discretion. <br /> S:\Contract\Everett Vessel\2009-2012 Everett Distribution Agreement 2 <br /> �1 <br /> G. <br />