11-24-2025_PW SS Briefings - Laserfiche WebLink

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12.3 No Third-Partv Beneficiary. Nothing in this Agreement is intended to create any rights in any entity not a party to this Agreement nor shall any entity be considered a third party beneficiary to this Agreement. 12.4 Treaty Rights Preserved. Nothing in this Agreement shall grant any jurisdiction to the State or to State court over any issue involving the Treaty rights of the Yakama Nation nor over any issue involving the Yakama Reservation. Nothing in this Agreement is a recognition or acknowledgment that the Endangered Species Act applies to Yakama Treaty rights. 12.5 No Public Official Liability. No provision of this Agreement nor any authority granted by this Agreement is intended to create or result in any personal liability for any public official or employee or agent of a Party, nor shall any provision or provisions of this Agreement be construed to create any such liability. 12.6 Severability. 1f any term or provision of this Agreement, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each tern and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. Further, the Parties shall negotiate in good faith regarding amendments to this Agreement that would, to the maximum extent possible, effectuate the intent of any provision determined to be invalid or unenforceable. 12.7 Construction. This Agreement has been freely and fairly negotiated by the Parties hereto and has been reviewed and discussed by legal counsel for each of the Parties, each of whom has had the full opportunity to modify the draftsmanship hereof and, therefore, the terms of this Agreement shall be construed and interpreted without any presumption or other rule requiring constructional interpretation against the Party causing the drafting of the Agreement. 12.8 Successors. This Agreement shall be binding on any and all successors or assignees of the Parties. 12.9 Complete Agreement. This Agreement contains the complete statement of the understanding of the Parties with respect to the subject matter of this Agreement. There are no other representations, agreements, or understandings, oral or written, by the Parties relating to the subject matter of this Agreement that are not fully expressed in this Agreement. Each Party acknowledges and represents to the other Party that it is executing this Agreement solely in reliance upon its own judgment and knowledge and that it is not executing this Agreement based upon the representation or covenant of the other Party, or anyone acting on such Party's behalf, except as expressly stated herein. 12.10 Amendment. This Agreement may be modified or amended at any time with the written consent of all Parties to the Agreement at the time of the modification or amendment. 12.11 E il1 . This Agreement shall be filed with the county auditor of each participating county and with any jurisdictional state officer, consistent with Chapter 39.34 RCW. -8- 50630776A