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Kimberly Clark Worldwide Inc 6/11/2019
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Kimberly Clark Worldwide Inc 6/11/2019
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Last modified
8/8/2019 10:23:48 AM
Creation date
8/8/2019 10:23:41 AM
Metadata
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Contracts
Contractor's Name
Kimberly Clark Worldwide Inc
Approval Date
6/11/2019
Department
Facilities
Department Project Manager
Mike Palacios
Subject / Project Title
Temporary Access Maintenance & Construction
Tracking Number
0001954
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Easements
Retention Period
10 Years Then Transfer to State Archivist
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9. Notices <br /> Any notice which a party is required or may desire to give the other shall be in writing and shall be sent <br /> by personal delivery or by mail (either (i) by United States registered or certified mail, return receipt <br /> requested, postage prepaid, or(ii) by generally recognized overnight carrier regularly providing proof of <br /> delivery), addressed as set forth below (subject to the right of a party to designate a different address for <br /> itself by notice similarly given at least five(5)days in advance). <br /> If to K-C: Kimberly-Clark Corporation <br /> Attn: Robert Peretti <br /> 1400 Holcomb Bridge Road <br /> Roswell,GA 30076 <br /> With a copy to: Kimberly-Clark Corporation <br /> Attn: Grant McGee and Jeff McFall <br /> 351 Phelps Drive <br /> Irving,TX 5038 <br /> If to the City: The City of Everett <br /> Attn: Director of Public Works <br /> 3200 Cedar Street <br /> Everett,WA 98201 <br /> 10. Survival <br /> Notwithstanding anything herein to the contrary, the City's obligations under Section 6 shall survive the <br /> Termination Date. <br /> 11. Invalid Provision <br /> The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions <br /> hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable <br /> provisions were omitted. <br /> 12. Default <br /> In the event that either party defaults on any obligation under this Agreement, and fails to remedy such <br /> default within five (5) business days of receiving written notice specifying the nature of such default,the <br /> non-defaulting party may immediately terminate this Agreement as well as seek any other remedy, in <br /> equity or law,that is available. <br /> 13. Attorney Fees <br /> In the event that legal proceedings are commenced to enforce any provision of this Agreement, the <br /> prevailing party in such action shall be entitled to an award of costs and reasonable attorney fees in <br /> addition to any other relief. <br /> 14. Authority <br /> Each person signing this Agreement on behalf of K-C and the City represents and warrants that he or she <br /> has full authority to do so and that this Agreement binds such party. <br /> 5 <br />
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