Public Utility District No1 of Snohomish Co 6/21/2017

F. Amendment. No amendment to this Agreement will be effective unless in writing and signed by the Mayor of the City and by the General Manager/CEO of the District or his designee. G. Waiver. No waiver of satisfaction of any condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or nonperformance of any other obligation. H. Severability. If any provision of this Agreement is unenforceable to any extent, the remainder of this Agreement, or the application of that provision to any persons or circumstances other than those as to which it is held unenforceable, will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law. I. Notice. For a notice under this Agreement to be valid, it must be in writing and the sending party must use one of the following methods of delivery: (A)personal delivery to the address stated below; (B) first class postage prepaid U.S. Mail to the address stated below; (C) nationally recognized courier to the address stated below, with all fees prepaid; or (D) delivery to the email address stated below: Notice to City Notice to District City of Everett Public Works Public Utility District No.1 of Attn: John Nottingham Snohomish County 3200 Cedar St. Attn: Mark Flury Everett,WA 98201 2320 California Street JNottingham(@everettwa.gov P.O. Box 1107 Everett, WA 98206-1107 mmflury@snopud.com A party may change its address by delivering written notice to the other party of the new address. J. Attorney's Fees and Costs. The prevailing party in any action brought to enforce any obligations under this Agreement will be entitled to recover from the non-prevailing party or parties an amount equal to the reasonable attorney's fees and costs incurred by the prevailing party, including without limitation any costs incurred on appeal or in any bankruptcy proceeding. K. No Third-Party Beneficiaries. The provisions of this Agreement are for the sole benefit of the parties to this Agreement. No other persons have any rights or remedies under this Agreement. L. Compliance with the Washington State Public Records Act. The parties acknowledge they are subject to the Public Records Act, chapter 42.56 RCW. Both parties will 5