12-037 - Highline Community College / Tukwila et al - 2012 Business Attraction Program

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8. Nothing contained herein is intended to, nor shall be construed to, create any rights in any person or entity_not a signatory to this Agreement, or to form the basis for any liability on the part of the Parties, or their officials, employees, agents or representatives, to any person or entity not a signatory to this agreement. 9. Each party to this agreement will be responsible for the negligent acts or omissions of its own employees, officers, or agents in the performance of this Agreement. Neither party will be considered the agent of the other and neither party assumes any responsibility to the other party for the consequences of any act or omission of any person, firm, or corporation not a party to this agreement. 10. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. 11. This Agreement may be amended only by an instrument in writing, duly executed by all Parties except as allowed under provision 7 of this Agreement. 12. This Agreement shall be automatically renewed each year after December 31 for a maximum term of three years contingent on the availability of funds by all Parties unless amended as stipulated in Section 10, above. 13. The BAP grant from the U.S. Economic Development Administration will be used to cover staff salaries and benefits and related program expenses. 14. If any matching funds remain after completion of the Business Attraction Plan and implementation of the Plan, the Parties signing this agreement will determine the distribution of said funds. 15. This Agreement may be executed in any number of counterparts and all counterparts shall be deemed to constitute a single agreement. The execution and delivery of one counterpart by any party shall have the same force and effect as if that party had signed all other counterparts. The signatures to this Agreement may be executed on separate pages and when attached to this Agreement shall constitute one complete document. In witness whereof, the Parties have entered into this Agreement effective as of the date last written on the signature page.