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TIS 2025-07-28 Item 1B - Agreement - Cost Share Agreement wtih Water District #125 for 2025 Overlay Project
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2025-07-28 Transportation and Infrastructure Services
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TIS 2025-07-28 Item 1B - Agreement - Cost Share Agreement wtih Water District #125 for 2025 Overlay Project
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7/24/2025 11:08:27 AM
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Council Committees
Committees Date (mm/dd/yy)
07/28/25
Committee Name
Transportation and Infrastructure Services 2021-Present
Record Type
Agenda Packet
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document contains all of the terms, conditions, and provisions agreed upon by <br />the Parties hereto, and shall not be modified except by written amendment. <br />There are no other agreements between the Parties with respect to the matters <br />described herein, whether in writing or otherwise, and all prior agreements <br />and understandings are superseded with respect to the subject matter of this <br />Agreement. <br />10.2 I egal Relations. This Agreement is solely for the benefit of the Parties hereto <br />and creates no right, duty, privilege, or cause of action in any other person or <br />entity not a party to it. No joint venture or partnership is formed as result of <br />this Agreement. No employees or agents of one Party or its contractors shall <br />be deemed, or represent themselves to be, employees of the other Party. <br />10.3 Compliance with Laws. The Parties shall comply and shall insure that their <br />respective contractors and subcontractors comply, with all Federal, state, and <br />local laws, regulations, and ordinances applicable to the Work to be performed <br />under this Agreement, including but not limited to prevailing wages <br />requirements under Chapter 39.12 RCW. <br />10.4 Remedies Cumulative. The Parties' rights and remedies in this Agreement are <br />in addition to any other rights and remedies provided by law or equity. <br />10.5 Noiiwaiver. A Party's failure to require full and timely performance of any <br />provision of this Agreement at any time shall not waive or reduce that Party's <br />right to insist upon complete and timely performance of any other provision <br />thereafter. <br />10.6 Choice of Law; Venue. Any and all claims relating to this Lease shall be <br />governed by and construed in accordance with the substantive and procedural <br />laws of the State of Washington without giving effect to its conflicts of law <br />rules or choice of law provisions. The sole and exclusive venue for any legal <br />action arising from or related to this Lease shall be in the Superior Court of <br />King County, Washington; and the Parties hereby agree to the personal <br />jurisdiction of such court. <br />10.7 Legal Fees. In any lawsuit between the Parties with respect to the matters <br />covered by this Agreement, the prevailing party shall be entitled to its <br />reasonable attorney's fees, costs and expenses to be paid by the other Party, in <br />addition to any other relief it may be awarded. <br />10.8 Survival. The provisions of Section 5 (Indemnity) and this Section 11 shall <br />survive the expiration or earlier termination of this Agreement. <br />10.9 Severabilit . If any term of this Agreement is to any extent illegal, otherwise <br />invalid, or incapable of being enforced, such term shall be excluded to the <br />extent of such invalidity or unenforceability; all other terms hereof shall <br />50 <br />
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