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Z <br />g. Severability. If any provision of this Agreement is unenforceable <br />to any extent, the remainder of this Agreement, or the application of that provision to any <br />persons or circumstances other than those as to which it is held unenforceable, will not be <br />affected by that unenforceability and will be enforceable to the fullest extent permitted by <br />law. <br />h. Notice. For a notice under this Agreement to be valid, it must be <br />in writing and the sending party must use one of the following methods of delivery: (A) <br />personal delivery to the address stated below; (B) first class postage prepaid U.S. Mail to <br />the address stated below; or (C) nationally recognized courier to the address stated below, <br />with all fees prepaid. <br />Notice to City <br />Notice to District <br />City of Everett <br />Everett Public Schools <br />Director, Planning and Community <br />Attn: Facilities & Planning <br />Development <br />P.O. Box 2098 <br />2930 Wetmore Avenue, Suite 8A <br />Everett, Washington 98213 <br />Everett, WA 98201 <br />A party may change its address by delivering written notice to the other party of the new <br />address. <br />i. Attomey's Fees and Costs. The prevailing party in any action <br />brought to enforce any obligations under this Agreement shall be entitled to recover from <br />the non -prevailing party or parties an amount equal to the reasonable attorney's fees and <br />costs incurred by the prevailing party, including without limitation any costs incurred on <br />appeal or in any bankruptcy proceeding. <br />j. No Third -Party Beneficiaries. The provisions of this Agreement are <br />for the sole benefit of the parties to this Agreement. No other persons have any rights or <br />remedies under this Agreement. <br />k. Compliance with the Washington State Public Records Act. The <br />parties acknowledge they are subject to the Public Records Act, chapter 42.56 RCW. <br />Both parties shall cooperate with each other so that each may comply with all of its <br />obligations under the Public Records Act. <br />1. Recording of this Agreement. This Agreement shall be recorded <br />or otherwise made available to the public in accordance with RCW 39.34.040. <br />in. Survival. The following Sections survive termination or expiration <br />of this Agreement: Sections 7 and 8. <br />The parties have executed this Agreement as of the date first above written. <br />55 <br />