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XXVIII. Quarterly Report <br /> The Subrecipient agrees to submit quarterly, a written report to the City of Everett Planning <br /> and Community Development Department using Exhibit "E" and Exhibit "F" and in a manner <br /> prescribed by the City of Everett. <br /> XXIX. Hold Harmless - Indemnification <br /> All services to be rendered or performed under this Agreement will be performed or rendered <br /> entirely at the Subrecipient's own risk and the Subrecipient expressly agrees, to the <br /> maximum extent allowed by law, to indemnify, defend and hold harmless the City and all of <br /> its officers, agents, an employees, from any and all liability, claims, suits, charges, <br /> judgements, loss or damage, including reasonable cost of defense they may suffer as a <br /> result of claims, demands, actions, or damages to any and all persons or property, costs or <br /> judgments against the City, its officers, agents and/or employees which result from, arise out <br /> of, or are in any way connected with the services to be performed by the Subrecipient under <br /> this Agreement or the subject matter called for in this Agreement. This section shall survive <br /> the expiration or termination of this Agreement. <br /> XXX. Section Headings and Subheadings <br /> The section headings and subheadings contained in this Agreement are included for <br /> convenience only and shall not limit or otherwise affect the terms of this Agreement. <br /> XXXI. Waiver <br /> The City's failure to act with respect to a breach by the Subrecipient does not waive its right <br /> to act with respect to subsequent or similar breaches. The failure of the City to exercise or <br /> enforce any right or provision shall not constitute a waiver of such right or provision. <br /> XXXII. Entire Agreement <br /> This agreement constitutes the entire agreement between the City and the Subrecipient for <br /> the use of funds received under this Agreement and it supersedes all prior or <br /> contemporaneous communications and proposals, whether electronic, oral, or written <br /> between the City and the Subrecipient with respect to this Agreement. <br />