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establish nor to create any rights in any persons or entities other than the City, TPMPD, and the <br />respective successors and assigns of each. <br />5.3 Amendments. No amendment of any provision of this Agreement is valid unless <br />set forth in a written amendment signed by the Parties. <br />5.4 Waiver. No provision of this Agreement may be waived except if expressly given <br />in writing, and no implied or oral waiver may be used to materially impair the force and effect of <br />any substantive provision of this Agreement. Any waiver of a Party's right with respect to a <br />default under this Agreement, or with respect to any other matter arising in connection therewith, <br />shall not be deemed a waiver with respect to any subsequent default or matter. <br />5_5 Severability. In the event any provision of this Agreement shall be held invalid or <br />unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render <br />unenforceable any other provision hereof. <br />5.6 Applicable Law and Venue. This Agreement shall be governed by the laws of the <br />State of Washington. The venue for any legal action arising from a dispute under this <br />Agreement is the Superior Court for King County. <br />5_7 Entire Agreement. This Agreement constitutes the entire and exclusive <br />agreement between the Parties relating to the specific matters covered in this Agreement. All <br />prior or contemporaneous oral or written agreements, understandings, representations or <br />practices relative to the foregoing are superseded, revoked and rendered ineffective for any <br />purpose. No oral agreement or implied covenant may be held to vary the terms of this <br />Agreement, any statute, law or custom to the contrary notwithstanding. <br />5.8 Time of the Essence. Time and all terms and conditions shall be of the essence of <br />this Agreement. <br />5.9 Notices. All notices required to be in writing shall be given using the notice <br />addresses in this section. A Party may designate a different notice address by providing written <br />notice to the other Party. <br />If to TPMPD: Tukwila Pool Metropolitan Park District <br />Board President <br />4414 South 144th Street <br />Tukwila, WA 98188 <br />Telephone: 206-267-2350 <br />Email: MPDDirector @Tukwilapool.org <br />If to the City: The City of Tukwila <br />City Clerk <br />6200 Southcenter Blvd. <br />Tukwila, WA 98188 <br />Telephone: 206-433-1800 <br />E -mail: TukwilaCityClerk @TukwilaWA.gov <br />