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20-102 - Puget Sound Emergency Radio Network (PSERN) - Interlocal Cooperation Agreement
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20-102 - Puget Sound Emergency Radio Network (PSERN) - Interlocal Cooperation Agreement
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Last modified
10/20/2020 3:41:25 PM
Creation date
10/20/2020 3:41:06 PM
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Interlocal Agreements
Contract No (example 17-139)
20-102
Contractor (example *sabey*)
Puget Sound Emergency Radio Network (PSERN)
Description (example *tourism*)
Interlocal Cooperation Agreement
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15.0 GENERAL <br />15.1 RESERVED <br />15.2 Filing of Agreement <br />Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed with <br />the King County Recorder's Office or, alternatively, listed by subject on a Party's web site <br />or other electronically retrievable public source. <br />15.3 Time of the Essence <br />The Parties recognize that time is of the essence in the performance of the provisions of <br />this Agreement. <br />15.4 Compliance with Laws <br />During the term of this Agreement, the Parties hereto agree to comply with all federal, <br />state, and local laws as necessary to carry out the terms of this Agreement. Further, to <br />the extent that any emergency communication Services involve the retention, security, <br />confidentiality or other handling of certain "protected" health information under the federal <br />Health Insurance Portability and Accountability Act of 1996 ("HIPAK) and its <br />implementing regulations thereunder by the U.S. Department of Health and Human <br />Services and other applicable laws including chapter 70.02 RCW, the Washington <br />Uniform Health Care Information Act, as amended, the Parties agree to comply with such <br />laws and execute documents as necessary to implement the requirements under such <br />laws. <br />15.5 Specific Performance <br />In the event a Party fails to perform an obligation under this Agreement, the other Parties <br />or any one of them shall have the right to bring an action for specific performance, <br />damages and any other remedies available under this Agreement, at law or in equity. <br />15.6 No Waiver <br />No term or provision of this Agreement shall be deemed waived and no breach excused <br />unless such waiver, excuse, or consent shall be in writing and signed by the Party or <br />Parties claimed to have waived or consented. If the waiving or consenting Party is the <br />PSERN Operator, then the writing must be signed by all of the voting members of the <br />Board of Directors. Waiver of any default of this Agreement shall not be deemed a waiver <br />of any subsequent default. Waiver of breach of any provision of this Agreement shall not <br />be deemed to be a waiver of any other or subsequent breach. Waiver of such default and <br />waiver of such breach shall not be construed to be a modification of the terms of this <br />Agreement unless stated to be such through written approval of all Parties. <br />15.7 Parties Not Relieved of Statutory Obligation <br />Page 19 <br />
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