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2018/05/23 Council Agenda Packet
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2018/05/23 Council Agenda Packet
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Council Agenda Packet
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5/23/2018
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7 <br /> 15. Dispute Resolution. <br /> In the event differences between the parties should arise over the terms and <br /> conditions or the performance of this Agreement,the parties shall use their best efforts to <br /> resolve those differences on an informal basis. If those differences cannot be resolved <br /> infoinially, the matter shall be referred for mediation to a mediator mutually selected by <br /> the parties. If mediation is not successful, either of the parties may institute legal action <br /> for specific performance of this Agreement or for damages. The prevailing party in any <br /> legal action shall be entitled to a reasonable attorneys' fee and court costs. <br /> 16. Notices. <br /> All notices required to be given by any party to the other party under this <br /> Agreement shall be in writing and shall be delivered either in person, by United States <br /> mail, or by electronic mail (email) to the applicable Administrator or the Administrator's <br /> designee. Notice delivered in person shall be deemed given when accepted by the <br /> recipient. Notice by United States mail shall be deemed given as of the date the same is <br /> deposited in the United States mail, postage prepaid, and addressed to the Administrator, <br /> or their designee, at the addresses set forth in Section 3 of this Agreement. Notice <br /> delivered by email shall be deemed given as of the date and time received by the <br /> recipient. <br /> 17. Miscellaneous. <br /> 1 7.1 Entire Agreement; Amendment. This Agreement constitutes the entire <br /> agreement between the parties regarding the subject matter hereof, and supersedes any <br /> and all prior oral or written agreements between the parties regarding the subject matter <br /> contained herein, including but not limited to the Original Agreement PROVIDED <br /> HOWEVER, that the parties' duties and obligations under the Original Agreement <br /> regarding insurance and indemnification shall survive as to any claims, actions, suits, <br /> liability, loss, expenses, damages and judgments of any nature whatsoever, including <br /> costs and attorneys' fees in defense thereof, known or unknown, for injury, sickness, <br /> disability or death to persons or damage to property or business, arising prior to the <br /> Effective Date of this Agreement. This Agreement may not be modified or amended in <br /> any manner except by a written document executed with the same formalities as required <br /> for this Agreement and signed by the party against whom such modification is sought to <br /> be enforced. <br /> 17.2 Conflicts between Attachments and Text. Should any conflicts exist <br /> between any attached exhibit or schedule and the text or main body of this Agreement, <br /> the text or main body of this Agreement shall prevail. <br /> 17.3 Governing Law and Venue. This Agreement shall be governed by and <br /> enforced in accordance with the laws of the State of Washington. The venue of any action <br /> arising out of this Agreement shall be in the Superior Court of the State of Washington, <br /> in and for Snohomish County. In the event that a lawsuit is instituted to enforce any <br /> (Rev.7-2013)INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 9 of 11 <br /> SERVICES WITHIN THE CITY OF EVERETT 7 0 <br />
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