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i' PLURALSIGHT foregoing shall be deemed a worldwide, non-exclusive, and irrevocable license to use Customer's name, trademarks,service marks,and logos for this purpose during the Term of this Agreement. Customer also agrees to be referenced in press releases and case studies prepared by Pluralsight. Such license and consent will terminate at the end of the Term of this Agreement. 12.4. Notice. Any notice which may be required to be given under this Agreement by Pluralsight, may be given to Customer via e-mail to the Plan Manager(s)identified in Customer's account or by notifying Customer electronically by displaying the notice in the Platform.All other notices required by this Agreement will be in writing and sent in any commercially reasonable manner, including certified mail, return receipt requested, email with confirmation of receipt, or any other customary means of communication to the other Party at the applicable mailing address or electronic mail set forth below as may be updated by the Parties from time to time.Any notice given otherwise than in accordance with this Section will be deemed ineffective. To Customer: To Pluralsight: City of Everett Pluralsight, LLC 2930 Wetmore Ave 182 North Union Avenue Everett,WA 98201 Farmington, Utah 84025 Attn: IT Director Attn: Legal Counsel Email: ITNotices@everettwa.gov Email:contract-notices@pluralsight.com 12.5. Non-Waiver. Failure by either Party to enforce any provision(s)of this Agreement will not be construed as a waiver of any provision or right. 12.6. Severability. If any provision of this Agreement or a Sales Order is found to be illegal,void,or unenforceable,then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions of this Agreement. 12.7. No Agency. Nothing in this Agreement will be construed as making either Party the partner,joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither Pluralsight nor any other Party to this Agreement has, or may hold itself out to any third party as having, any authority to make any statements, representations,or commitments of any kind,or to take any action that is binding on the other,except as provided for in this Agreement or authorized in writing by the Party to be bound. 12.8. Force Majeure.Neither Party shall be liable for any failure or delay in performance under this Agreement for causes beyond that Party's reasonable control and occurring without that Party's fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Pluralsight or Customer employees, respectively). Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. 12.9. Assignment. Neither Party may assign or otherwise transfer this Agreement,in whole or in part,without the prior written consent of the other Party, in its sole discretion. Any attempted transfer or assignment of this Agreement without the prior written consent of the other Party will be null and void ab initio.This Agreement will be binding upon and will inure to the benefit of the permitted successors and assigns of each Party to this Agreement. 12.10. Miscellaneous.This Agreement and any Sales Order may be executed in any number of counterparts, all of which will constitute a single agreement. Facsimile or electronic signatures will have the same force and effect as original signatures. Except as specifically allowed for herein, any modification of or amendment to any provision contained in this Agreement or any Sales Order will be effective only if the modification or amendment is in writing and signed by both Pluralsight and Customer. The inclusion of a Customer purchase order number on any Sales Order or invoice is for reference purposes only and is not an acceptance by Pluralsight of Customer's terms or conditions contained therein or elsewhere.The terms on any such purchase order or similar document submitted by Customer to Pluralsight will have no effect and are hereby rejected. In the event of any inconsistency between this Agreement Pluralsight Gov MSA V.1 Page 7 of 8 (last modified 11 February 2020)