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• <br /> laws, codes, ordinances or regulations, the most stringent or legally binding <br /> requirement shall govern and be considered a part of this Contract to afford <br /> Everett the maximum benefits. <br /> C. Liens, Claims and Encumbrances: All materials, equipment, or services shall <br /> be free of all liens, claims or encumbrances of any kind and if Everett requests a <br /> formal release of same shall be delivered to Everett. <br /> D. Binding Contract: This Contract shall not be binding until signed by both <br /> parties. The provisions, covenants and conditions in this Contract shall bind the <br /> parties, their legal heirs, representatives, successors, and assigns. <br /> E. Applicable LawNenue: This Contract shall be construed and interpreted in <br /> accordance with the laws of the State of Washington. The venue of any action <br /> brought hereunder shall be in the Superior Court for Snohomish County, <br /> Washington <br /> F. Remedies Cumulative: Rights under this Contract are cumulative and <br /> nonexclusive of any other remedy at law or in equity. <br /> G. Captions: All titles, including sections or subsections, are for convenience only <br /> and do not define or limit the contents. <br /> H. Severability: Any term or provision of this Contract found to be prohibited by <br /> law shall be ineffective to the extent of such prohibition without invalidating the <br /> remainder of the Contract. <br /> I. Waiver: No covenant, term, or the breach thereof shall be deemed waived, <br /> except by written consent of the party against whom the waiver is claimed, and <br /> any waiver of the breach of any covenant, term or condition shall not be deemed <br /> to be a waiver of any preceding or succeeding breach of the same or any other <br /> covenant, term or condition. Neither the acceptance by Everett of any <br /> performance by the Contractor after the time the same shall have become due <br /> nor payment to the Contractor for any portion of the Work shall constitute a <br /> waiver by Everett of the breach or default of any covenant, term or condition <br /> unless otherwise this is expressly agreed to by Everett, in writing. The City's <br /> failure to insist on performance of any of the terms or conditions herein or to <br /> exercise any right or privilege or the City's waiver of any breach hereunder shall <br /> not thereafter waive any other term, condition, or privilege, whether of the same <br /> or similar type. <br /> J. Entire Contract: This document, along with any attachments and work orders, <br /> constitutes the entire agreement between the parties with respect to the Work. <br /> No verbal agreement or conversation between any officer, agent, associate or <br /> employee of Everett and any officer, agency, employee or associate of the <br /> Contractor prior to the execution of this Contract shall affect or modify any of the <br /> terms or obligations contained in this Contract. <br /> 32 of 34 <br /> 105 <br />