2015/11/10 Council Agenda Packet

Insurance Law,Title 51 RCW. The Grantee recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. This provision shall survive any extension,expiration or termination of this Permit. Notice. Unless otherwise specified herein, any notices required or permitted under this Permit may be delivered personally, sent by facsimile machine or mailed certified,return receipt requested,to the following addresses or to such other place as the parties hereafter direct. Notice will be deemed given upon delivery or upon confirmation of facsimile, whichever is applicable. Grantee: Grantor: Snohomish County Public Utility District CITY OF EVERETT P.O. Box 1107 3200 Cedar Street Everett,WA 98206 Everett,WA 98201 Integrated Agreement;Modification. This Permit constitutes the entire agreement and understanding of the parties with respect to Project road and pit use, Project protection.of Facilities, and related Project matters and supersedes all prior negotiations and representations. This Permit may not be modified except in writing signed by the parties. The parties agree to execute any additional documents reasonably necessary to effectuate the provisions and purposes of this Permit. Severability. If any provision of this Permit is held to be invalid or unenforceable,this provision shall not affect or invalidate the remainder of this Permit, and to this end the provisions of this Permit are declared to be severable. If any such invalidity becomes known or apparent to the parties,the parties agree to negotiate promptly in good faith in an attempt to amend such provision as nearly as possible to be consistent with the intent of this Permit. Waiver. Failure of either party to insist upon the strict performance of any of the terms and conditions of this Permit,or failure to exercise any rights or remedies provided in this Periuit or by law, or to notify the other party in the event of breach, shall not release the other party of any of its obligations under this Permit,no_r shall any purported oral modification or rescission of this Permit by either party operate as a waiver of any of the terms hereof. No waiver by either party of any breach, default, or violation of any term,warranty, representation, agreement, covenant, right, condition, or provision of this Permit shall constitute waiver of any subsequent breach, default, or violation of the same or other term,warranty, representation, agreement,covenant,right,condition, or provision. Assignment. This Permit, and any of the rights granted herein, shall not be assigned without prior written consent of Grantor,except that said rights granted herein may be used by any Permittee, while engaged in the Grantee's operations. Page 5 of 12 46