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NRPA <br />NATIONAL <br />RECREATION AND PARK <br />AS SOC I AT 10 N <br />jurisdiction. Before commencing any litigation arising out of or relating to the relationship of the parties, this <br />MOU, or the breach hereof, the parties agree to negotiate in good faith to resolve such dispute within fifteen (15) <br />business days of notice by the other party of such dispute. Should the parties fail to mutually resolve their dispute <br />and commence litigation, the parties hereby irrevocably consent to venue before the federal and state courts <br />situated in the Commonwealth of Virginia and each party hereby irrevocably submits to the jurisdiction of such <br />courts. The prevailing party in any action or litigation, including appeals, arising out of or related to this MOU <br />shall be awarded its reasonable attorney's fees and costs. The Parties agrees that NRPA would not have an <br />adequate remedy at law and would be irreparably injured if Grantee breaches its covenants hereunder and NRPA <br />shall be entitled to injunctive relief as a remedy for any breach or threatened breach hereof without showing or <br />proving any actual damages. <br />14. No Agency; Relationship of the Parties <br />Each party and their respective officers, employees, agents, contractors and/or consultants are independent <br />contractors and are not, nor shall they hold themselves out to as or claim to be, employees or agents of the other <br />party or any department, agency or unit thereof; accordingly, neither party shall have any authority to enter into <br />any agreement on behalf of the other party or otherwise cause the other party to incur any obligations whatsoever <br />other than as set forth herein. <br />15. Notices <br />All notices, requests, demands and other communications required or permitted under this MOU must be in <br />writing and will be deemed to have been duly given, made and received only (a) when personally delivered, or (b) <br />on the date specified for delivery when deposited with an overnight courier service such as Federal Express for <br />delivery to the intended addressee, or (c) when sent via facsimile, only so long as followed by a hard copy sent in <br />a manner set forth in (a) or (b) above, or (d) when delivered via email, only so long as followed by a hard copy <br />sent in a manner set forth in (a) or (b) above, each of the foregoing addressed as set forth below: <br />If to Grantee, to: <br />City of Tukwila Parks and Recreation <br />12424 42nd Ave S <br />Tukwila, WA 98168 <br />Attn: Michael May <br />Email: michael.may@tukwilawa.gov <br />If to NRPA, to: <br />National Recreation and Park Association <br />22377 Belmont Ridge Road <br />Ashburn, VA 20148 <br />Attn: Maureen Neumann, Senior Program Manager <br />Email: mneumann@nrpa.org <br />16. Entire Agreement. <br />This MOU supersedes any and all agreements, either oral or written, between the parties hereto with respect to the <br />subject matter covered herein and contains all of the covenants and agreements between the parties with respect to <br />the Grant purpose and Project in any manner whatsoever. Each party to this MOU acknowledges that no <br />Page I 6 of 7 <br />8 <br />