03-032 - King County - South Park Bridge Maintenance and Replacement

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9.5 No Third Party Rights. Nothing contained herein is intended to, nor shall be construed to, create any rights in any person or entity not a signatory to this Agreement, or to form the basis for any liability on the part of the City, the County, or their officials, employees, agents or representatives, to any person or entity not a signatory to this Agreement. 9 6 Notice. All notices provided for in this Agreement may be telecopied /faxed, sent by recognized overnight courier, personally delivered, or mailed by first class U S Mail, postage prepaid, to the individuals at the following addresses King County ATTN Manager, King County Roads 201 S Jackson Street Seattle, WA. 98104 City of Tukwila ATTN City Administrator 6200 Southcenter Blvd Tukwila, WA 98188 9 8 Waiver Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the teitus of this Agreement. 9 9 Headings. The headings of the various sections and subsections of this Agreement are inserted for convenience only and shall not be deemed to expand, limit, or otherwise affect its terms and conditions 9 10 Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. 9 11 Amendment. This Agreement may not be amended, modified or changed, nor shall any provision hereof be deemed waived, except by an instrument in writing signed by both parties 9 12 Counterparts. This Agreement may be signed in counterparts and, if so signed, shall be deemed one integrated agreement. 9 13 Severability If any provision of the Agreement is found by a court of competent junsdiction to be invalid or unenforceable as written, then the Parties intend and desire that such provision be enforceable to the full extent permitted by law if it would then continue to serve the purposes and objectives of the Parties, and that the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remainder of this Agreement if such remainder would then continue to serve the purposes and objectives of the parties. 9 14 Recording Pursuant to RCW 39.34 040, upon the execution of this Agreement the County will cause this Agreement to be recorded with the King County Office of Records and Elections. Interlocal Agreement For South Park Bridge Between king County and City of Tukwila 7