Ecklund Recreation Inc. dba Skate Deck 12/11/2020

Time is of the essence of all provisions of this Agreement. C. Entire Agreement/Modifications This Agreement constitutes the entire agreement of the parties hereto with respect to the Grant and supersedes any prior agreements or understandings, written or oral, with respect to the Grant. Grantee is not relying upon any promises, representations or understandings, written or oral, in entering into the Agreement, other than as expressly set forth in the Agreement. Either party may request modifications in the scope of services, project duration, performance or reporting standards, or other terms or conditions herein. Proposed modifications, which are mutually agreed upon, shall be incorporated by written amendment to this contract signed by both parties. The City and Business agree that this Agreement shall be modified if necessary to achieve compliance with HUD requirements. D. Headings The article and section headings in no way define, limit,extend or interpret the scope of this Agreement or of any particular article or section. E. Validity In the event that any provision of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. F. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, and the ordinances of the City of Everett, except to the extent federal law applies. G. Counterparts This Agreement may be executed in counterparts, and each such counterpart shall be deemed to be an original. H. Future Support The Grantor makes no commitment of future support and assumes no obligation for future support of the activity contracted herein except as set forth in this Agreement. I. Addresses Written notices, requests, grievances or adjustments to the Community Development Division shall be made to: Economic Development Department City of Everett 2930 Wetmore Avenue, Suite 10-A Everett, WA 98201 Written notices, requests, grievances or adjustments to the Grantee shall be made to: Notice shall be effective when hand-delivered during normal business hours or two (2) business days after mailing, postage prepaid, to the proper address. Either party may change its address for notices by written notice as specified above. VI. SUBROGATION In consideration of Grantee's receipt of funds from the City, Grantee hereby assigns to the City all of its future rights to reimbursement and ail payments received from any grant, subsidized loan, or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency, the Small Business Administration, or the Washington State Department of Commerce, to the extent of proceeds paid to Grantee under this Agreement and that are determined in the sole discretion of the City to be a duplication of benefits ("DOB"). Upon receiving any DOB proceeds, Grantee agrees to immediately notify the City. If some or all of the proceeds are determined to be a DOB, the portion that is a DOB shall be paid to the City forthwith. VII. INDEMNIFICATION 4