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9. Metropolitan King County Council Appropriation Contingency. The County's performance under <br />this Agreement is contingent on the appropriation by the Metropolitan King County Council of sufficient <br />funds to carry out the performance contemplated herein. <br />10. Amendments. This Agreement is the complete expression of the terms hereto and any oral <br />representation or understanding not incorporated herein is excluded. Any modifications to this <br />Agreement shall be in writing and signed by both parties. <br />11. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and <br />benefit of the parties hereto. No other persons or entity shall have any right of action or interest in this <br />Agreement based upon any provision set forth herein. <br />12. Force Majeure. If either Party cannot perform any of its obligations due to events beyond its <br />reasonable control, the time provided for performing such obligations shall be extended by a period of <br />time equal to the duration of such events. Events beyond a Party's reasonable control include, but are <br />not limited to, acts of God, civil commotion, labor disputes, strikes, fire, flood or other casualty, <br />shortages of labor or materials, government regulations or restrictions, lawsuits filed challenging one or <br />more Permits or other agreements necessary for implementation of the Project and weather conditions. <br />13. Waiver. Waiver of any breach of any term or condition of this Agreement shall not be deemed a <br />waiver of any prior or subsequent breach. No term or condition shall be waived, modified, or deleted <br />except by an instrument, in writing, signed by the Parties hereto. <br />14. Relationship of the Parties. The Parties execute and implement this Agreement as separate <br />entities. No partnership, joint venture, or joint undertaking shall be construed from this Agreement. <br />15. Governing Law. This Agreement shall be governed and construed in accordance with the laws of <br />the State of Washington. <br />16. Authority. Each Party executing this Agreement represents that the Party has the authority to <br />execute this Agreement and to comply with all the terms of this Agreement. <br />17. Entire Agreement. This Agreement contains the entire agreement of the parties and any <br />representations or understandings, whether oral or written, not incorporated herein are excluded. <br />18. Exhibits. All Exhibits referenced in this Agreement are incorporated by reference as if fully set forth. <br />19. Joint Drafting Effort. This contract shall be considered for all purposes as prepared by the joint <br />efforts of the Parties and shall not be construed against one Party or the other as a result of the <br />preparation, substitution, submission or other event of negotiation, drafting or execution thereof. <br />Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and <br />Christensen Road <br />Page 7 <br />