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6 written consent of the City and refusal to subcontract may be withheld at the City's sole discretion. Any <br /> assignment of this Agreement by the Public Defender without the express written consent of the City shall be <br /> void. <br /> 10. Modification. No waiver, alteration or modification of any of the provisions of this <br /> Agreement shall be binding unless in writing and signed by the duly authorized representatives of the City <br /> and the Public Defender. An additional attorney may be added to this Agreement by adding his or her <br /> signature to these Agreements. <br /> 11. Entire Agreement; Prior Agreement Superseded. The written provisions in terms of this <br /> Agreement, together with any exhibit attached hereto, shall supersede all prior verbal statements of any <br /> officer or other representative of the City, and such statement(s) shall not be effective or construed as <br /> entering into or forming a part of, or altering in any manner whatsoever, this Agreement. Upon execution, <br /> this Agreement shall supersede any and all prior Agreements between the parties. <br /> 12. Written Notice. All communications regarding this Agreement shall be sent to the parties at <br /> the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become <br /> effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if <br /> sent to the addressee at the address stated in the Agreement or such other address as may be hereinafter <br /> specified in writing: <br /> CITY: PUBLIC DEFENDER: <br /> City of Everett The Everett Law Group,PLLC <br /> 2930 Wetmore 3232 Oakes Avenue <br /> Everett WA 98201 Everett WA 98201 <br /> 13. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the <br /> covenants and Agreements contained herein or to exercise any option herein conferred in one or more <br /> instances shall not be construed to be a waiver or relinquishment of such covenants, Agreements, or options <br /> and the same shall be and remain in full force and effect. <br /> 14. Resolutions of Disputes, Governing Law. Should any dispute, misunderstanding or conflict <br /> arise as to the terms or conditions contained in this Agreement, the matter shall be referred to the Agreement <br /> Administrator, whose decision shall be final. Provided, however,that any complaint regarding any violation <br /> of the Standards or which relate to any manner whatsoever to trial strategy or an ongoing case, shall be <br /> referred to the Judge of the City's Municipal/District Court or to the Washington State Bar Association as <br /> appropriate. Nothing herein shall be construed to obligate, require or permit the City, its officers, agents, or <br /> employees to inquire into any privileged communication between the Public Defender and any indigent <br /> defendant. In the event of any litigation arising out of this Agreement, the prevailing party shall be <br /> reimbursed for reasonable Public Defender's fees from the other party. This Agreement shall be governed <br /> by and construed in accordance with the laws of the State of Washington and the rules of the Washington <br /> Supreme Court as applicable. Venue for an action arising out of this Agreement shall be in Snohomish <br /> County Superior Court. <br /> IN WITNESS WHEREOF, the parties have executed this Agreement on the day of <br /> , 20 . <br /> CITY OF EVERETT <br /> By: <br /> 42 <br />