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13. Employment of County Employees. SCC 2.50.075, "Restrictions on future
<br /> employment of County employees," imposes certain restrictions on the subsequent employment
<br /> and compensation of County employees. The Contractor represents and warrants to the County
<br /> that it does not at the time of execution of this Agreement, and that it shall not during the term of
<br /> this Agreement, employ a former or current County employee in violation of SCC 2.50.075. For
<br /> breach or violation of these representations and warranties, the County shall have the right to
<br /> terminate this Agreement without liability.
<br /> 14. Compliance with Other Laws. The Contractor shall comply with all other
<br /> applicable federal,state and local laws,rules, and regulations in performing this Agreement.
<br /> 15. Compliance with Grant Terms and Conditions. The Contractor shall comply with
<br /> any and all conditions, terms and requirements of any federal, state or other grant, if any, that
<br /> wholly or partially funds the Contractor's work hereunder.
<br /> 16. Prohibition of Contingency Fee Arrangements. The Contractor warrants that it has
<br /> not employed or retained any company or person,other than a bona fide employee working solely
<br /> for the Contractor,to solicit or secure this Agreement and that it has not paid or agreed to pay any
<br /> company or person, other than a bona fide employee working solely for the Contractor, any fee,
<br /> commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or
<br /> resulting from the award or making of this Agreement. For breach or violation of this warranty,
<br /> the County shall have the right to terminate this Agreement without liability or, in its discretion,
<br /> to deduct from the Agreement price or consideration,or otherwise recover,the full amount of such
<br /> fee, commission,percentage,brokerage fee,gift or contingent fee.
<br /> 17. Force Majeure. If either party is unable to perform any of its obligations under this
<br /> Agreement as a direct result of an unforeseeable event beyond that party's reasonable control,
<br /> including but not limited to an act of war, act of nature (including but not limited to earthquake
<br /> and flood), embargo, riot, sabotage, labor shortage or dispute (despite due diligence in obtaining
<br /> the same), or governmental restriction imposed subsequent to execution of the Agreement
<br /> (collectively, a"force majeure event"), the time for performance shall be extended by the number
<br /> of days directly attributable to the force majeure event. Both parties agree to use their best efforts
<br /> to minimize the effects of such failures or delays.
<br /> 18. Suspension of Work. The County may, at any time, instruct the Contractor in
<br /> writing to stop work effective immediately,or as directed,pending either further instructions from
<br /> the County to resume the work or a notice from the County of breach or termination under Section
<br /> 21 of this Agreement.
<br /> 19. Non-Waiver of Breach; Termination.
<br /> a. The failure of the County to insist upon strict performance of any of the
<br /> covenants or agreements contained in this Agreement, or to exercise any option conferred by this
<br /> Agreement, in one or more instances shall not be construed to be a waiver or relinquishment of
<br /> those covenants, agreements or options, and the same shall be and remain in full force and effect.
<br /> HOTEL-MOTEL TAX FUND AGREEMENT
<br /> WITH CITY OF EVERETT Page 6 of 13
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