15-115 - Valley View Sewer District - Sewer Services for the Loop

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The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. This waiver has been mutually negotiated. This Section 10 shall survive the termination of this Agreement. 12. Notices. All notices and other communications under this Agreement shall be in writing by regular U.S. mail or certified mail,return receipt requested. If to the City, the notice shall be sent to: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188-2544 Attention: Michael Cusick or to such other person or place as the City shall furnish to the District in writing. If to the District,the notice shall be sent to: Valley View Sewer District 3460 S. 148th Street, Suite 100 Seattle, WA 98168 Attention: Manager or to such other person or place as the District shall furnish to the City in writing. Notices shall be deemed given upon delivery or, if mailed, upon the earlier of actual receipt or three (3) business days after the date of mailing. 13. Waiver. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement, unless stated to be such through written approval of the non- breaching Party and attachment of such written approval to this Agreement. 14. Severability. If any section or part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such action shall not affect the validity or enforceability of any other section or part of this Agreement, and the Parties agree to work in good faith to reform this Agreement to conform it to the Parties original intent. 15. Agreement Administration. The Parties do not by this Agreement create any separate legal or administrative entity. The City's Mayor, or designee, and the District's Manager, or designee, shall be responsible for the administration of this Agreement. The Parties do not intend to jointly own any real or personal property as part of this undertaking. The Parties will work cooperatively together to further the intent and purpose of this Agreement. Pursuant to 466038.3 1 089539 I 0001 -4-