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2009/12/23 Council Agenda Packet
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2009/12/23 Council Agenda Packet
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Council Agenda Packet
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12/23/2009
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5 <br /> h. Severability. If any provision of this Agreement is deemed by law to <br /> be void, invalid or inoperative for any reason, that provision will be deemed modified to the <br /> extent necessary to make it valid and operative or, if it cannot be so modified, then such <br /> provision will be deemed severed from this Agreement, with the remaining Agreement <br /> continuing in full force and effect as if the Agreement had been signed with the void,invalid <br /> or inoperative provision eliminated. <br /> i. No Intention to Benefit Third Parties. This Agreement is not <br /> intended to benefit any third parties. <br /> j. Counterparts. This Agreement may be signed in any number of <br /> multiple counterparts, through original and/or facsimile signature, each of which will be <br /> considered to be a duplicate original, and will be considered to be one and the same <br /> instrument. <br /> k. Notices. Throughout the term of this Agreement, each party shall <br /> maintain and file with the other a local address for service by mail. All notices must be <br /> sent postage prepaid to the respective address, and,unless otherwise provided in this <br /> Agreement,notices shall be effective upon the date of mailing. These addresses may be <br /> changed at any time upon notice to the other party. <br /> At the effective date of this Agreement: <br /> Everett Transit's address shall be: <br /> Attn: Tom Hingson, Transportation Services Director <br /> 3225 Cedar Street <br /> Everett WA 98201 <br /> Community Transit's address shall be: <br /> Attn: Joyce Eleanor, Chief Executive Officer <br /> 7100 Hardeson Road <br /> Everett,WA 98203 <br /> 1. Headings. The headings and titles of the Sections and subsections <br /> of this Agreement are for reference purposes only, and shall not affect the meaning or <br /> interpretation of the text herein. <br /> m. No Joint Venture. Nothing herein shall be deemed to create a joint <br /> venture or principal-agent relationship between the parties and neither party is authorized. <br /> to,nor shall either party act toward third persons or the public in any manner that would <br /> indicate any such relationship with the other. <br /> n. Actions of Community Transit or Everett Transit. In any action by <br /> Community Transit or Everett Transit mandated or permitted under the terms of this <br /> Agreement, it shall act in a reasonable, expeditious and timely manner. Furthermore,in <br /> any instance where approval or consent is required under the terms of this Agreement, <br /> such approval or consent shall not be unreasonably withheld or delayed. <br /> 261 <br />
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