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y <br /> shortage; when satisfactory evidence of such cause is presented to the other Party to this <br /> Agreement, and provided that such non-performance is beyond the control and is not due to the <br /> fault or negligence of the Party not performing. In no event should this provision eliminate the <br /> CITY's obligation to make payment for Work performed by WSDOT pursuant to this Agreement. <br /> 10.7 Severability. If any provision of this Agreement is held invalid by the court pursuant to <br /> Section 10.4, the remainder of the Agreement shall not be affected thereby if such remainder <br /> would then continue to serve the purposes and objectives originally contemplated by the <br /> Parties. <br /> 10.8 Attorneys' Fees. In the event of litigation or other action brought to enforce the terms <br /> contained in this Agreement, each Party agrees to bear its own attorney's fees, witness fees, <br /> and costs. <br /> 10.9 Survival. The provisions of this Section 10 (Legal Relations) shall survive any termination <br /> or expiration of this Agreement. <br /> IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's <br /> date signed last below. <br /> CITY OF EVERETT WASHINGTON STATE <br /> WASHINGTON DEPARTMENT OF TRANSPORTATION <br /> By By <br /> Ray Stephanson, Mayor Stacy Truss! , Manager, Urban Planning Office <br /> 524 1 4(1 26)49 <br /> Date Date <br /> APPROVED AS TO FORM: APPROVED AS TO FO'M: <br /> • <br /> 4 <br /> By By <br /> James D. Iles, City Attorney Eli jbeth Lagerberg, AAG <br /> Date Date <br /> ATTEST: <br /> Sharon Marks, City Clerk <br /> GCA 6541 Corridor Planning Study Funding Page 5 of 5 <br /> 8 <br />