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14 <br /> 5.3. No Third Party Rights. It is understood and agreed that this <br /> AGREEMENT is solely for the benefit of the Parties hereto and gives no right to any <br /> other party. Nothing in this AGREEMENT, whether express or implied, is intended to <br /> confer any rights or remedies under, or by reason of,this AGREEMENT on any persons <br /> other than the Parties. <br /> 5.5. Binding on Successors. All of the terms, provisions and conditions of this <br /> AGREEMENT will be binding upon and inure to the benefit of the Parties hereto and <br /> their respective successors,permitted assigns and legal representatives. <br /> 5.6. No Waiver. Payment by COUNTY under this AGREEMENT shall not <br /> constitute a waiver by COUNTY of any remedies of any type it may have against the <br /> CITY for any breach of this AGREEMENT or for failure of CITY to perform the work <br /> or actions, as specified in this AGREEMENT. Forbearance of the rights of the parties <br /> under this AGREEMENT will not constitute waiver of entitlement to exercise their <br /> respective rights as to any future acts or omissions by the offending party. <br /> 5.7. No Employee Relationship. In performing work and services pursuant to <br /> this AGREEMENT, the CITY, its, employees, consultants, agents, and representatives <br /> shall be acting as agents of the CITY and shall not be deemed or construed to be <br /> employees or agents of the COUNTY in any manner whatsoever. The CITY shall not <br /> hold itself out as, nor claim to be, an officer or employee of the COUNTY and will not <br /> make any claim, demand, or application to or for any right or privilege applicable to an <br /> officer or employee of COUNTY. The CITY shall be solely responsible for any claims <br /> for wages or compensation by the CITY's employees, consultants, agents, and <br /> representatives, including sub-consultants, or any agency, and shall defend, indemnify <br /> and hold COUNTY harmless therefrom. <br /> VI. DISPUTES. <br /> • <br /> The Parties agree to use their best efforts to resolve disputes and other matters <br /> arising out of this Agreement or the ongoing administration of this AGREEMENT. If a <br /> dispute arises, then (i) within ten (10) business days of a written request by either Party, <br /> - the CITY's designated representative and COUNTY's designated representative shall meet <br /> and resolve the issue;if these parties cannot resolve the issue within ten(10)business days <br /> of the meeting, then (ii) the issue shall be submitted to the CITY'S Parks and Recreation <br /> Director and to the Director of the Snohomish County Department of Parks and <br /> Recreation; if these parties cannot resolve the issue within fifteen (15) business days of <br /> submission to them,then(iii)the issue shall be submitted for mediation; if mediation does <br /> not successfully resolve the dispute, then (iv) either Party may file suit in a court of <br /> competent jurisdiction. <br /> Interlocal Cooperation Agreement w/City of Everett <br /> —Conservation Futures 141 Page 6 <br />