2009/09/16 Council Agenda Packet

J E. Waiver. No waiver of satisfaction of any condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or nonperformance of any other obligation. F. Severability. If any provision of this Agreement is unenforceable to any extent, the remainder of this Agreement (or the application of that provision to any persons or circumstances other than those as to which it is held unenforceable) will not be affected by that unenforceability and will be enforceable to fullest extent permitted by law. G. Notice. For a notice under this Agreement to be valid, it must be in writing and the sending party must use one of the following methods of delivery: (A) personal delivery to the address stated below; (B) first class postage prepaid U.S. Mail to the address stated below; or (C) nationally recognized courier to the address stated below, with all fees prepaid. Either party may change its notice address or email effective on written notice to the other party of the change. �st C+xEns,s, Transportation and Transit Member Services Manager Services Director Washington State Transit Insurance City of Everett Pool 3225 Cedar Street 2629 12th Court SW Everett, WA 98201 Olympia, WA 98502 H. Assignment. Neither party may assign or sublet this Agreement without the written consent of the other party, which consent may be withheld at that party's sole discretion. I. Successors. This Agreement shall be binding upon the parties and their respective successors and assigns. J. No Third-Party Beneficiaries. The provisions of this Agreement are for the sole benefit of the City and WSTIP. No other persons will have any rights or remedies under this Agreement. Paft 4