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Ii <br /> CITY OF EVERETT: <br /> City of Everett <br /> ATTN: Public Works Director <br /> 3200 Cedar Street <br /> Everett,WA 98201 <br /> Tel.: (425)257-8800 <br /> Fax: (425)257-8882 <br /> Email: everettpw@everettwa.gov <br /> WITH A COPY TO: <br /> Timothy D.Benedict <br /> Assistant City Attorney <br /> City of Everett <br /> 2930 Wetmore Avenue, Suite 10-C <br /> Everett,WA 98201-4067 <br /> Tel.: (425)257-8669 <br /> Fax: (425) 257-8693 <br /> Email: TBenedict@everettwa.gov <br /> 16. Severability. In the event that any part or all of any term, covenant, condition, <br /> agreement, provision or section of this Agreement shall be adjudged invalid or unenforceable by <br /> a court of competent and final jurisdiction, it shall be severable from the remainder of this <br /> Agreement, and this Agreement shall not terminate or be deemed void or voidable, but shall <br /> continue in full force and effect and there shall be substituted for such invalid provision a like, <br /> but legal and enforceable, provision which most nearly accomplishes the intention of the parties <br /> hereto, and if no such provision is available,the remainder of this Agreement shall be enforced. <br /> If such term, covenant, condition, agreement, provision or section of this Agreement is adjudged <br /> invalid due to its scope or breadth, such item shall be deemed valid to the extent of the scope or <br /> breadth permitted by law. <br /> 17. Headings. The title of this Agreement, and the subject headings or captions to <br /> any sections or provisions hereof, are for reference only and not part of this Agreement. Any <br /> references to the singular shall include the plural(and vice versa). <br /> 18. Entire Agreement. This Agreement supersedes all prior discussions and <br /> agreements by and between the parties with respect to the matters set forth herein, and contains <br /> the sole and entire agreement of such parties with respect to the matters set forth herein. This <br /> Agreement shall not be modified or amended in any respect except by a written instrument <br /> executed by each of the parties to this Agreement, or their assignees, as applicable. <br /> 19. Default & Enforcement. The parties shall have all remedies at law or in equity, <br /> including without limitation injunctive relief, to enforce the obligations of the other party hereto <br /> under this Agreement. Any waiver by a party of the other party's default, or any waiver by a <br /> 17 <br /> 12 <br />