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15 <br /> . D. Severability. Any provision of this Agreement which is declared invalid or illegal shall <br /> in no way affect or invalidate any other provision. <br /> E. Default. In the event that either of the Parties defaults on the performance of any <br /> terms of this Agreement or either party places the enforcement of this Agreement in <br /> the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' <br /> fees, costs and expenses. <br /> F. Venue. The venue for any dispute related to this Agreement shall be Thurston <br /> County, Washington. <br /> G. Waiver. Failure of the Agency to declare any breach or default immediately upon the <br /> • occurrence thereof, or delay in taking any action in connection with, shall not waive <br /> such breach or default. Time is of the essence of this Agreement and each and all of <br /> its provisions.in which performance is a factor. <br /> H. Performance. Time is of the essence of this Agreement and each and all of its <br /> provisions in which performance is a factor. <br /> 10. Governance: This Agreement is entered into pursuant to and under the authority <br /> granted by the laws of the state of Washington and any applicable federal laws. The <br /> provisions of this Agreement shall be construed to conform to those laws. <br /> In the event of an inconsistency in the terms of this Agreement, or between its terms and any <br /> applicable statute or rule, the inconsistency shall be resolved by giving precedence in the <br /> following order: <br /> A. Applicable state and federal statutes and rules; <br /> B. Statement of work; and <br /> C. Any other provisions of the Agreement, including materials incorporated by <br /> reference. <br /> THIS Interlocal Agreement, consisting of four (4) pages, is executed by the persons signing <br /> below who warrant that they have the authority to execute the Agreement. <br /> EVERETT POLICE DEPARTMENT DEPARTMENT OF CORRECTIONS <br /> (Signature) � (Signature) <br /> Ray Stephanson Gary Banning <br /> (Printed Name) (Printed Name) <br /> Mayor Contracts Administrator <br /> (Title) (Title) <br /> ' 4.ri 7lfr.j0-7 <br /> (Date) (Date) <br /> Attest APPRO, <br /> wren-Marks, City Clerk -- Elmer E "Ned" Johnston, Jr. <br /> Everett Citv Varney <br /> Approved as to Form: This Interlocal Agreement format was approve as o orm b PetrAAG,of the Office of the <br /> Attorney General,on December 8,2006 and Bruce Jones,City of Everett Legal Advisor. <br /> • <br /> State of Washington C0007096 Page 3 of 3 <br /> Department of Corrections • <br /> 104 <br />