Milliman Inc. 2/8/2021 - Laserfiche WebLink

18. Waiver. Any waiver by Service Provider or the City or the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. 19. Complete Agreement. This Agreement contains the complete and integrated understanding and Agreement between the parties and supersedes any understanding,Agreement or negotiation whether oral or written not set forth herein. 20. Equal Employment Opportunity. Service Provider shall not discriminate against any employee, applicant for employment,or other person,on the basis of race,color,religion, sex,age, disability,marital state, or national origin or other circumstance prohibited by applicable federal, state, or local law or ordinance. Contractor shall comply with and shall not violate any applicable provisions of Chapter 49.60 RCW,Title VI of the Civil Rights Act of 1964, and all applicable federal, state,or local law or ordinance regarding non-discrimination. 21. Modification of Agreement. This Agreement may be modified as provided in paragraph 6,or by a writing explicitly identified as a modification of this Agreement that is signed by authorized representatives of the City and Service Provider. 22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative,null and void, insofar as it is in conflict with said laws,the remainder of the Agreement shall remain in full force and effect. 23. Notices. A. Notices to the City of Everett shall be sent to the following address: City of Everett Attn.: Susy Haugen 2930 Wetmore Ave Everett, WA 98201 B. Notices to Service Provider shall be sent to the following address: Milliman,Inc Attn.: Daniel Wade 1301 5th Avenue, Suite 3800 Seattle, WA 98101 24. Venue and Dispute Resolution. It is agreed that venue for any lawsuit arising out of this Agreement shall be Snohomish County. If any dispute occurs between the parties,they shall attempt in good faith to resolve the dispute through negotiations between senior level executives of each party who possess decision making authority. If such negotiations fail after a good-faith effort has occurred,only then may a party institute litigation. The parties agree that any litigation will be filed and conducted in the Washington State courts located in Snohomish County, Washington and,subject to the next sentence,all parties consent to the exclusive venue and the personal jurisdiction of such courts.Both parties,as sophisticated entities,each represented by counsel and on the belief that it is enforceable under the laws of the State of Washington do hereby knowingly and intelligently agree to waive their right to a trial by jury in any dispute stemming from this Agreement. Page 6 Milliman PSA 2021