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3) Excess Liability insurance with limits not less than $3,000,000 per occurrence and <br />aggregate. <br />S. FRANCHISE AGREEMENT <br />The City and Valley View Sewer District agree that as to future projects, by entering into <br />this Agreement, neither Party has waived any rights it may have under an existing franchise <br />agreement between the City and Valley View Sewer District, and the City and Valley View <br />Sewer District expressly herein reserve such rights. Notwithstanding anything in this <br />Agreement to the contrary, Valley View Sewer District's participation in the project <br />contemplated in this Agreement, and its very participation in this Agreement, shall in no <br />event be construed as a waiver of Valley View Sewer District's obligation to relocate <br />underground utilities pursuant to the franchise agreement, and parties understand and agree <br />that the terms and conditions of this Agreement shall not be considered as a basis for future <br />relocation projects that may be franchise required. The District shall retain the rights of <br />exclusive use, regulation and control of the completed District Work and full ownership of <br />the District Work including, but not limited to, the right to sell, transfer or assign its rights in <br />and to the District Work. <br />9. MISCELLANEOUS <br />A. Compliance with Laws. The parties shall comply with all federal, state and local laws, <br />rules and regulations throughout every aspect in the performance of this Agreement. <br />B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of any of <br />the terms and rights contained herein, or to exercise any option herein conferred in one or <br />more instances, shall not be constructed to be a waiver or relinquishment of those terms <br />and rights and they shall remain in full force and effect. <br />C. Governing Law. This Agreement shall be governed and construed in accordance with the <br />laws of the State of Washington. If any dispute arises between the parties or between any <br />party and the Contractor under any of the provisions of this Agreement, resolution of that <br />dispute shall be available only through the jurisdiction, venue and rules of the King <br />County Superior Court, King County, Washington. <br />D. Attorney's Fees. In the event any suit, arbitration, or other proceeding is instituted to <br />enforce any term of this Agreement, the parties specifically understand and agree that the <br />prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. <br />E. Written Notice. All communications regarding this Agreement shall be sent to the parties <br />at the addresses listed on the signature page of this Agreement, unless otherwise agreed <br />by both parties. Any written notice shall become effective upon delivery and shall be <br />deemed sufficiently given if delivered to the addressee at the address stated on this <br />Agreement. If notice is mailed, delivery shall become effective three (3) calendar days <br />after the date of mailing by registered or certified mail. If notice is emailed, delivery <br />shall become effective upon an acknowledgment of receipt of the email. <br />S: \TIB Phase 2&3 95- RW03I#.005 Design ReviewwUtility Coordination\3rd Party Coordination Agreements \TIB Ph2 &3 ValVicw <br />Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 7 of 9 <br />