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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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remain in full force and effect; and, to the extent permitted and possible, the <br />invalid or unenforceable tern shall be deemed replaced by a term that is valid <br />and enforceable and that comes closest to expressing the intention of such <br />invalid or unenforceable term. <br />10.10 No Ex enditure In Excess of Ap3src� �r�. Nothing in this Agreement shall <br />be construed as obligating any Parry to expend money in excess of <br />appropriation authorized by law and administratively allocated for the Work <br />in this Agreement. <br />10.11 No Assignment. Neither this Agreement nor any of the rights or obligations <br />of any of the Parties arising under this Agreement may be assigned, without <br />the other Parties' prior written consent. Subject to the foregoing, the <br />Agreement will be biding upon, enforceable by, and inure to the benefit of the <br />Parties and their successors and assigns. <br />10.12 No Third -Party Beneficiaries. There are no third -parry beneficiaries to this <br />Agreement, and this Agreement shall not impart any rights enforceable by any <br />person or entity that is not a parry hereto. <br />10.13 Counterparts. This Agreement may be executed by facsimile or any other <br />electronically reproduced signature that is consistent with Chapter 19.360 RCW <br />in any number of current parts and signature pages hereof with the same effect <br />as if all Parties had all signed the same document. All executed current parts <br />shall be construed together, and shall, together with the text of this agreement, <br />constitute one and the same instrument. <br />10.14 Force Ma`e�e., Any Party shall be excused from performing its obligations <br />under this Agreement during the time and to the extent that it is prevented from <br />performing by a cause beyond its control, including, but not limited to: any <br />incidence of fire, flood, earthquake or acts of nature; strikes or labor actions <br />commandeering material, products, or facilities by the federal, state or local <br />government; when satisfactory evidence of such cause is presented to the other <br />Party, and provided further that such non-performance is beyond the control and <br />is not due to the fault or negligence of the Party not performing. Upon any force <br />majeure, all Parties may jointly elect to terminate this Agreement or suspend <br />work upon written notice. In no event should this provision eliminate the need <br />to make any payment to either Party to the extent any such payment is required <br />pursuant to this Agreement. <br />[Signatures -Proceed to Next Page] <br />,:1 <br />51 <br />
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