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c. Agreement Not For Benefit of Third Parties: This Agreement is <br />entered into solely for the benefit of the parties hereto and vests no rights in, or is <br />it enforceable by, any third parties. <br />d. Waiver: A failure by any party to exercise its rights under this <br />Agreement shall not preclude that party from subsequent exercise of such rights <br />and shall not constitute a waiver of any other rights under this Agreement unless <br />stated to be such in a writing signed by an authorized representative of the party <br />and attached to the original Agreement. <br />e. Severability: If any provision of this Agreement or any provision of <br />any document incorporated by reference shall be held invalid, such invalidity shall <br />not affect the other provisions of this Agreement which can be given effect without <br />the invalid provision, if such remainder conforms to the requirements of applicable <br />law and the fundamental purpose of this agreement, and to this end the provisions <br />of this Agreement are declared to be severable. <br />f. .Entire Agre.ement • Modification. The written provisions and terms <br />of this Agreement supersede all prior written and verbal agreements and/or <br />statements by any representative of the Parties, and those statements shall not be <br />construed as forming a part of or altering in any manner this Agreement. This <br />Agreement shall contain the entire Agreement between the parties unless modified <br />in writing and signed by authorized representatives of the Parties. <br />g. Filing: Pursuant to RCW 39.34.040, this Agreement shall be posted <br />on the City of Ellensburg and Kittitas County websites and/or filed with the County <br />Auditor. <br />In Witness Whereof, the parties have executed this Agreement this ~~day of <br />April, 2017. <br />APPROVED: CITY OF <br />ELLENSBURG <br />Rich Elliot, Mayor <br />ATTEST: <br />~Al <br />City Clerk <br />Approved as to form: <br />Interlocal Agreement for Use of Reed Park <br />Page 3 of 4 <br />ATTEST: <br />: KITTITAS COUNTY BOARD <br />• ...... ......-.-.NERS