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Telephone: 425.257-8610 Facsimile: 425.257-8741 <br /> with a copy to: <br /> City of Everett Procurement <br /> 3200 Cedar Street, door#5 <br /> Everett, WA 98201 <br /> Attn: Theresa Bauccio-Teschlog <br /> Telephone: 425.257-8901 Facsimile: 425.257-8864 <br /> City of Everett Parks and Facilities <br /> 802 E. Mukilteo Boulevard <br /> Everett WA 98203-2100 <br /> Attention: Bob Leonard, Director <br /> Telephone: 425.257-8335 Facsimile: 425.257-8384 <br /> or to other such address as either party may designate by notice complying with the <br /> terms of this subparagraph. <br /> J. Headings. The headings contained in this Agreement are for convenience of <br /> reference only and shall not limit or otherwise affect in any way the meaning or <br /> interpretation of this Agreement. <br /> K. Invalidity. If any provision of this Agreement or any other agreement entered into <br /> pursuant hereto is contrary to, prohibited by or deemed invalid or unenforceable <br /> under applicable law or regulation,such provision shall be inapplicable and deemed <br /> omitted to the extent so contrary, prohibited, invalid or unenforceable, but the <br /> remainder of such provision, and this Agreement shall not be invalidated or <br /> rendered unenforceable thereby, and shall be given full force and effect so far as <br /> possible. <br /> L. No Waiver. The failure or delay of either party at any time to require performance <br /> by the other party of any provision of this Agreement shall not affect the right of <br /> such party to subsequently require performance of that provision or to exercise any <br /> right, power or remedy hereunder. Waiver by either party of a breach of any <br /> provision of this Agreement shall not be construed as a waiver of any continuing <br /> or succeeding breach of such provision,a waiver of the provision itself,or a waiver <br /> of any right, power or remedy under this Agreement. No notice to or demand on <br /> either party in any event shall, of itself, entitle such party to any other or further <br /> notice or demand in similar or other circumstances, except as otherwise herein <br /> provided. <br /> M. Waiver of Subrogation. The City and Contractor hereby release and relieve the <br /> other and their agents and waive their entire claim of recovery against each other <br /> from any loss, damage or injury arising out of or incident to any of the perils <br /> included in or covered by contracts or policies of fire, extended coverage and <br /> vandalism insurance in current practice owned by the parties to the extent said loss <br /> is covered by such policies, whether due to the negligence of either of the parties, <br /> 14 <br />