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DocuSign Envelope ID:6A937420-C374-4726-937E-7E9B1C25B082 <br /> The Grant Manager for Everett Public Library is: The Grant Manager for Grantor is: <br /> Maura Walsh, LSTA Grants and Contracts Lead <br /> Abigail Cooley <br /> Washington State Library <br /> 2702 Hoyt Avenue PO Box 42460 <br /> Everett,WA 98201 Olympia WA 98504-2460 <br /> Phone: (425)257-8000 Phone: 360-570-5579 <br /> E-Mail address: acooley(a�everettwa.gov E-mail address maura.walsh@sos.wa.gov <br /> 5. CONDITION OF THE PRODUCTS <br /> All Products are being provided by Grantor and are accepted by Grantee "AS IS", "WHERE IS" <br /> and "WITH ALL FAULTS." Grantor MAKES NO WARRANTIES WHATSOEVER, INCLUDING, <br /> BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A <br /> PARTICULAR PURPOSE, AND NONE SHALL BE IMPLIED. Grantor shall not be responsible <br /> for damages, liability or loss of any kind (included but not limited to, direct, incidental of <br /> consequential damages) to anyone for any deficiencies or failure of any Products for any <br /> reason. Grantee assumes all risks of loss, damages and liability arising out of or related to the <br /> Products. <br /> 6. GOVERNING LAW AND VENUE <br /> This Grant shall be construed and interpreted in accordance with the laws of the state of <br /> Washington and the venue of any action brought under this Grant shall be in Superior Court for <br /> Thurston County. <br /> 7. INDEPENDENT CAPACITY <br /> The employees or agents of each party who are engaged in the performance of this Grant shall <br /> continue to be employees or agents of that party and shall not be considered for any purpose <br /> to be employees or agents of the other party. <br /> 8. ORDER OF PRECEDENCE <br /> In the event of an inconsistency in the terms of this Grant, or between its terms and any <br /> applicable statute or rule, the inconsistency shall be resolved by giving precedence in the <br /> following order: <br /> a. Applicable state and federal statutes, and local laws, rules and regulations; and <br /> b. Any other provisions of the Grant, including materials incorporated by reference. <br /> 9. TERMINATION FOR CAUSE <br /> If for any cause either party does not fulfill in a timely and proper manner its obligations under <br /> this Grant, or if either party violates any of these terms and conditions, the aggrieved party will <br /> give the other party written notice of such failure or violation. The responsible party will be <br /> given the opportunity to correct the violation or failure within 15 working days. If the failure or <br /> violation is not corrected, this Grant may be terminated immediately by written notice of the <br /> aggrieved party to the other. <br /> 2 of 8 <br />