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252. Modification of Agreement. This Agreement may be modified as provided in Section 10, <br />or by a writing explicitly identified as a modification of this Agreement that is signed by authorized <br />representatives of the City and the Artist. <br />26. Severability. If any part of this Agreement is found to be in conflict with applicable laws, <br />such part shall be inoperative, null and void, insofar as it is in conflict with said laws, the remainder <br />of the Agreement shall remain in full force and effect. <br />27. Notices. <br />A. Notices to the City of Everett shall be sent to the following address: <br />City of Everett <br />Attn: Tyler Chism <br />2930 Wetmore Ave, Suite 10-A <br />Everett, WA 98201 <br />B. Notices to the Artist shall be sent to the following address: <br />Stuart Nakamura <br />10321 8t' Ave. N.W. <br />Seattle, WA 98177 <br />28. Venue. It is agreed that the sole venue for any lawsuit arising out of this Agreement shall be <br />Snohomish County. <br />29. Governing Law. The laws of the State of Washington, without giving effect to principles of <br />conflict of laws, govern all matters arising out of or relating to this Agreement. <br />30. City Marks. The Artist will not use any trade name, trademark, service mark, or logo of the <br />City (or any name, mark, or logo confusingly similar thereto) in any advertising, promotions, or <br />otherwise, without the City's express prior written consent. <br />31. No Personal Liability. No officer, agent or employee of the City shall be personally <br />responsible for any liability arising under this Agreement, whether expressed or implied, nor for <br />any statement or representation made or in any connection with this Agreement. <br />32. Signature/Counterparts. This Agreement may be signed in counterparts, each of which shall <br />be deemed an original, and all of which, taken together, shall be deemed one and the same document. <br />At the sole discretion of the City, the City may consent to the Artist's signature on this Agreement or <br />amendment thereof being by email, fax, photocopy, pdf or other electronic means, in which case such <br />Artist signature will be deemed an original signature for all purposes. The City will be deemed to <br />have given such consent effective upon execution of this Agreement or amendment thereof by the <br />Mayor of the City. <br />Public Art Professional Services Agreement (2021) 9 <br />