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h. Assignment. No Party may sell, transfer or assign any of its rights or benefits <br />under this Agreement without the approval of the other Party. <br />i. Venue. The Venue for any action related to this Agreement shall be in <br />Superior Court in and for King County, Washington. <br />j. Records. The records and documents with respect to all matters covered by <br />this Agreement shall be subject to inspection and review by the County or <br />City for such period as is required by state law (Records Retention Act, Ch. <br />40.14 RCW) but in any event for not less than 1 year following the expiration <br />or termination of this Agreement. <br />k. No Third Party Beneficiaries. This Agreement is for the benefit of the Parties <br />only, and no third party shall have any rights hereunder. <br />1. Counterparts. This Agreement and any amendments thereto, shall be <br />executed on behalf of each Party by its duly authorized representative and <br />pursuant to an appropriate motion, resolution or ordinance. The Agreement <br />may be executed in any number of counterparts, each of which shall be an <br />original, but those counterparts will constitute one and the same instrument. <br />15. Terms to Implement Agreement. Because it is unknown how many parties will <br />ultimately approve the Agreement, and participation of each Contracting Party <br />impacts the costs of all other Contracting Parties, the Agreement will go into effect <br />as of July 1, 2012, only if certain "Minimum Contracting Requirements" are met or <br />waived as described in this section. These Minimum Contracting Requirements <br />will not be finally determined until August 15, 2012. If it is determined on or about <br />August 15 that Minimum Contracting Requirements are not met and not waived, <br />then the Agreement will be deemed to have never gone into effect, regardless of the <br />July 1, 2012 stated effective date. If the Minimum Contracting Requirements are <br />met or waived, the Agreement shall be deemed effective as of July 1, 2012. The <br />Minimum Contracting Requirements are: <br />a. For both the City and the County: <br />1. 2013 Payment Test: The Preliminary Estimated 2013 Payment, <br />calculated on or before August 1, 2012, to include the County and all <br />cities that have executed the Agreement on or prior to July 1, 2012, <br />does not exceed the Pre -Commitment Estimated 2013 Payment as set <br />forth in Exhibit C-1 by more than five. percent (5%) or $3,500, <br />whichever is greater. If the 2013 Payment Test is not met, either <br />Party may waive this condition and allow the Agreement to go into <br />effect, provided that such waiver must be exercised by giving notice <br />to the other Party (which notice shall meet the requirements of Section <br />14.g) no later than August 15, 2012. <br />Document Dated 5-29-12 <br />15 <br />