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2012/05/30 Council Agenda Packet
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2012/05/30 Council Agenda Packet
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Council Agenda Packet
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5/30/2012
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9 <br /> 21.Binding effect on sucessors,assigns. This Agreement is binding upon and inures to the <br /> benefit of the Parties and their respective heirs, legatees, representatives, attorneys, <br /> successors,transferees,and assigns. <br /> • <br /> 22.Severability. If any provision of this Agreement is deemed by Iaw to be void,invalid or <br /> inoperative for any reason,that provision will be deemed modified to the extent necessary to <br /> make it valid and operative or if it cannot be so modified, then such provision will be <br /> deemed severed from this Agreement, with the remaining Agreement continuing in full <br /> force and effect as if the Agreement had been signed with the void, invalid or inoperative <br /> provision eliminated. <br /> 23. No intention to benefit third parties. This Agreement is not intended to benefit any <br /> third parties. <br /> 24. Counterparts. This Agreement may be signed in any number of multiple counterparts, <br /> through original and/or facsimile signature, each of which will be considered to be a <br /> duplicate original,and will be considered to be one and the same instrument. <br /> 25,Termination. Unless the parties mutually agree to terminate this Agreement,it may <br /> be terminated before the expiration date stated in Section 2 only after a good faith attempt <br /> by the parties at mediation of the issues serving as a basis for the proposed termination <br /> and only under the following circumstances: <br /> (a)the level of ERT service provided by Community Transit within Everett along the <br /> corridor comprised of Highway 99,Evergreen Way,Rucker Avenue and Pacific Avenue <br /> is not consistent with the level of ERT service within Snohomish County; or <br /> (b)Either Everett Transit or Community Transit experiences a significant loss of funding <br /> that would require system-wide service reductions. <br /> 26.Notices.Throughout the term of this Agreement, each party shall maintain and file <br /> with the other a local address for service by mail. All notices shall be sent postage <br /> prepaid to such respective address and such notices shall be effective upon the date of <br /> mailing. These addresses may be changed at any time upon notice to the other party. <br /> At the effective date of this Agreement: <br /> a. Everett Transit's address shall be: <br /> Attn:Tom Hingson,Transportation Services Director <br /> 3225 Cedar Street <br /> Everett WA 98201 <br /> b. Community Transit's address shall be: <br /> Attn:Joyce Eleanor,Chief Executive Officer <br /> 5 <br /> 6 <br />
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