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• rf <br /> • <br /> Everett may increase its labor rates annually. Everett will not use overtime labor for <br /> Services unless Mukilteo agrees to such overtime labor in writing in advance. Mukilteo will pay <br /> Everett the actual costs Everett incurs to subcontract any Services. However, all such <br /> subcontracts require prior, written approval from Mukilteo. All invoices from Everett must specify <br /> all Services performed, including hours charged, parts installed and fluids dispensed on a per <br /> vehicle basis. <br /> 3. TERM/TERMINATION. The term of this agreement will be for a period of one year, <br /> beginning on the date in the first paragraph of this agreement. This agreement will automatically <br /> renew for one-year extension terms unless terminated by a party. Either party may terminate this <br /> agreement at any time for any reason or no reason effective upon 30 days written notice to the <br /> other party. In the event of such termination, Mukilteo is still obligated to pay invoices for work <br /> done prior to the termination. <br /> • <br /> 4. LIABILITY INSURANCE. Everett agrees to maintain its self-insurance program, • <br /> which includes a $1.25 million self-insured retention, plus excess layers of$30 million. Mukilteo <br /> will, at Mukilteo's expense, obtain and keep in force during the term of this agreement a policy of <br /> comprehensive public liability insurance in the amount of not less than $1,000,000 for bodily <br /> injury or property damage in any one accident or occurrence and in the amount of not less than <br /> $2,000,000.in the aggregate. <br /> 5. NO ASSIGNMENT. The rights under this agreement may not be assigned. <br /> • 6. NOTICES. Notice as required by any term of this agreement, or by law, will be given <br /> by registered or certified mail. Such.communication or notice will be deemed to have been given <br /> and received when deposited in the United States Mail, property addressed, with postage <br /> prepaid. Such notice or communication will be given as follows: <br /> If to Mukilteo: Matt Nienhuis <br /> City of Mukilteo <br /> 11930 Cyrus Way <br /> Mukilteo,WA 98275 <br /> PH: 425.263.8000 <br /> • <br /> If to Everett: Tom Hingson <br /> Everett Transit . <br /> 3225 Cedar Street <br /> Everett,WA 98201 <br /> PH: 425.257.8920 <br /> 7. MODIFICATION. This agreement may only be modified in writing, signed by the <br /> Mayor of each party. <br /> • <br /> 8. ENTIRE AGREEMENT / VENUE. This agreement constitutes the entire <br /> agreement of the parties relating to the subject matter of this agreement. This agreement <br /> supersedes and replaces all other written or oral agreements regarding that subject matter. The <br /> parties will bring any litigation arising out of or relating to this agreement only before the <br /> Snohomish County Superior Court. . <br /> The parties are signing this agreement as of the date noted in the introductory paragraph. <br /> • 2 . <br /> • <br /> 75 <br />