08-070 - King County Water District #125 - Tukwila International Boulevard Phase II & III Utility Relocation

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8. FRANCHISE AGREEMENT The City and Water District 125 agree that as to future projects, by entering into this Agreement, neither Party has waived any rights it may have under an existing franchise agreement between the City and Water District 125, and the City and Water District 125 expressly herein reserve such rights. Notwithstanding anything in this Agreement to the contrary, Water District 125's participation in the project contemplated in this Agreement, and its very participation in this Agreement, shall in no event be construed as a waiver of Water District 125's obligation to relocate underground utilities pursuant to the franchise agreement, and parties understand and agree that the teinls and conditions of this Agreement shall not be considered as a basis for future relocation projects that may be franchise required. The District shall retain the rights of exclusive use, regulation and control of the completed District Work and full ownership of the District Work including, but not limited to, the right to sell, transfer or assign its rights in and to the District Work. 9. MISCELLANEOUS A. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. B. Nonwaiver of Breach. The failure of a party to insist upon strict perfolnlance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. C. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the Contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. D. Attorney's Fees. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. E. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless otherwise agreed by both parties. Any written notice shall become effective upon delivery and shall be deemed sufficiently given if delivered to the addressee at the address stated on this Agreement. If notice is mailed, delivery shall become effective three (3) calendar days after the date of mailing by registered or certified mail. If notice is emailed, delivery shall become effective upon an acknowledgment of receipt of the email. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each affected party. G. Severability. If any one or more sections, sub sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. S: \TIB Phase 2 &3 95- RW03 005 Design Review \Utility Coordination \3rd Party Coordination Agreements \TIB Ph2 &3 WD125 Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 7 of 9