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the provisions of this Agreement, resolution of that dispute shall be available in the Federal
<br />Court local to King County, Washington, and if subject matter jurisdiction does not exist, then in
<br />the King County Superior Court, King County, Washington.
<br />D. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any
<br />claim or lawsuit for damages arising from the parties' performance of this Agreement, each party
<br />shall be responsible for payment of its own legal costs and attorney's fees incurred in defending
<br />or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party's right
<br />to indemnification under Section 6 of this Agreement.
<br />E. Written Notice. All communications regarding this Agreement shall be sent, via
<br />certified mail, postage prepaid, to the parties at the addresses listed on the signature page of this
<br />Agreement, unless otherwise notified. Any written notice shall become effective upon delivery
<br />or refusal.
<br />F. Modification. No waiver, alteration, or modification of any of the provisions of
<br />this Agreement shall be binding unless in writing and signed by a duly authorized representative
<br />of each of the affected parties.
<br />G. Severability. If any term, condition or provision of this Agreement is declared
<br />void or unenforceable or limited in its application or effect, such event shall not affect any other
<br />provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
<br />Agreement, which by their sense and context are reasonably intended to survive the completion,
<br />expiration or cancellation of this Agreement, shall survive termination of this Agreement.
<br />H. Relationship. It is understood and agreed that no agency, employment, joint
<br />venture, co -employer or partnership is created by this Agreement. Further, it is understood and
<br />agreed that no agency, employment, joint venture, co -employer, owner/contractor,
<br />client/contractor, or partnership is created between CenturyLink and the Contractor or any of the
<br />Contractor's employees, subcontractors, or agents by this Agreement. No party hereto shall (i)
<br />have the power or authority to act for another in any manner to create obligations or debts which
<br />would be binding upon another; and (ii) be responsible for any obligation or expense whatsoever
<br />of another.
<br />I. Force Majeure. Parties to this Agreement shall not be deemed to be in breach of
<br />this Agreement if unable to perform their respective obligations hereunder as a result of the
<br />occurrence of an event of "force majeure," which shall include, but not be limited to, acts of
<br />God, acts of the government of the United States or of any state or third -party political
<br />subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes,
<br />wind, storms, hurricanes, lightning or other similar catastrophes or other causes beyond the
<br />parties' reasonable control. The scope of events of force majeure shall not extend to payment of
<br />money owed hereunder.
<br />JOINT TRENCH AGREEMENT— Page 8 of 11 (August 20, 2018)
<br />(between City of Tukwila and CenturyLink Re: 53rd Ave S. project)
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