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shall protect,as additional insured,the City from suits or claims for damages arising from operations under this Agreement or
<br /> actions of the Grantee,subcontractors,and employees either direct or indirect unless waived by the City's Community
<br /> Development Director or designee. Grantee shall provide the City with a certificate of insurance in a form acceptable to the City
<br /> Attorney and, by endorsement, naming the City, its officers,employees and agents as additional insured prior to performing any
<br /> services pursuant to this agreement. The Grantee shall carry sufficient insurance coverage to protect contract assets from loss
<br /> due to theft,fraud and/or undue physical damage,and as a minimum shall purchase a blanket fidelity bond covering all
<br /> employees in an amount equal to cash advances from the City.
<br /> B. Time
<br /> Time is of the essence of all provisions of this Agreement.
<br /> C. Entire Agreement/Modifications
<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
<br /> the 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 Agreement
<br /> 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 or section.
<br /> E. Validity
<br /> In the event that any provision of this Agreement shall be held to be invalid, the same shall not affect in any respect
<br /> whatsoever the validity of the remainder of this Agreement.
<br /> F, Governing Law
<br /> This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, and the
<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. Future Support
<br /> The Grantor makes no commitment of future support and assumes no obligation for future support of the activity
<br /> contracted herein except as set forth in this Agreement.
<br /> I. Addresses
<br /> Written notices, requests, grievances or adjustments to the Community Development Division shall be made to:
<br /> Economic Development Department
<br /> City of Everett
<br /> 2930 Wetmore Avenue,Suite 10-A
<br /> Everett, WA 98201
<br /> Written notices, requests, grievances or adjustments to the Grantee shall be made to:
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<br /> �■r UvaswrturreN Everett CARES Small Business Grant Program Round 3 page 4
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