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- - <br /> " <br /> The Grantor reserves the right to seek any remedies which Grantor may have bylaw,including the return of any Grant funds <br /> disbursed,if any representation,warranty or disclosure made to Grantor by Grantee,or contained in any information <br /> submitted by Grantee to Grantor or to any government agency in connection with the Grant,proves to be materially false or <br /> misleading asof the date when made or reaffirmed,vwhenherornotouchnepresmnxatimnordisc|muuresppeansinth/s <br /> Agreement. <br /> V. MISCELLANEOUS <br /> A. Insurance&Bonding <br /> Public Liability and Property Damage: The Grantee shall maintain during the life of this Contract public liability and <br /> property damage insurance covering the Grantee's services hereunder in the sum of not less than one million dollars <br /> ($1'000`O88)combined single limits bodily injury/property damage. Insurance shall cover work done by the Grantee or <br /> subcontractors and shall protect,as additional insured,the City from suits or claims for damages arising from operations <br /> under this Agreement or actions of the Grantee,subcontractors,and employees either direct or indirect unless waived by <br /> the City's Community Development Director ordesignee. Grantee shall provide the City with m certificate of insurance ino <br /> form acceptable to the City Attorney and,by endorsement,naming the City,its officers,employees and agents as additional <br /> insured prior bo performing any services pursuant tm this agreement. The Grantee shall carry sufficient insurance coverage <br /> to protect contract assets from loss due to theft,fraud and/or undue physical damage,and as a minimurnshall purchase a <br /> blanket fidelity bond covering all employees in an amount equal to cash advances from the City, <br /> �. Time <br /> Time isof the essence of all pnn/bionoof this Agreement. <br /> C. Entire Agree ment/N1od/ficetiunn <br /> This Agreement constitutes the entire agreement of the parties hereto with respect to the Grant and supersedes any prior <br /> agreements or understandings, written or oral, with respect to the Grant. Grantee is not relying upon any promises, <br /> representations or understandings,written or oral, in entering into the Agreement,other than as expressly set forth in the <br /> Agreement. Either party may request modifications in the scope of services, project duration, performance or reporting <br /> standards, or other terms or conditions herein. Proposed modifications, which are mutually agreed upon, shall be <br /> incorporated by written amendment to this contract signed by both parties. The City and Business agree that this <br /> Agreement shall be modified if necessary to achieve compliance with HUD requirements. <br /> D. Headings <br /> The article and section headings in no way define,limit,extend or interpret the scope of this Agreement or of any <br /> particular article orsection. ' <br /> E. Validity <br /> |n the event that any provision ofthis Agreement shall be held tmbe invalid,the same shall not affect ln any respect ' <br /> whatsoever the validity of the remainder mf this Agreement. <br /> F. Governing Law <br /> This Agreement shall be governed byandconstrued/naccordmncevv|ththe|ewmuftheSkateofVVmshin@ton,andthe <br /> ordinances of the City of Everett,except to the extent federal law applies. <br /> G. Counterparts ` <br /> This Agreement may be executed in counterparts,and each such counterpart shall be deemed to be an original. <br /> H. rutureSumonrt <br /> The Grantor makes no commitment of future support and assumes no obligation for future support of the activity <br /> contracted herein except ax set forth in this Agreement. <br /> |. Addresses <br /> Written notices, requests,grievances or adjustments to the Community Development Division shall be made to: <br /> Economic Development Department <br /> CirtymfEverett <br /> 4 <br />