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pay any company or person, other than a bona-fide employee working solely for the <br /> CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other <br /> consideration contingent upon or resulting from the award or making of this contract. <br /> For breach or violation of this warranty, the CLIENT shall have the right to annul this <br /> contract without liability, or in its <br /> discretion to deduct from the contract price or consideration, or otherwise recover,the full <br /> amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. <br /> 12. Discrimination Prohibited. CONSULTANT shall not discriminate against any employee, <br /> applicant for employment, or other person on the basis of race, color, religion, sex, age, <br /> disability, marital state, or national origin or other circumstance prohibited by applicable <br /> federal, state, or local law or ordinance. CONSULTANT shall comply with and shall not <br /> violate any applicable provisions of Chapter 49.60 RCW,Title VI of the Civil Rights Act of <br /> 1964, and all applicable federal, state, or local law or ordinance regarding non-discrimination. <br /> 13. Assignment.The CONSULTANT shall not sublet or assign any of the services covered by <br /> this Agreement without the express written consent of the CLIENT. Riverfront may <br /> assign its interest in and obligations under this Agreement to the property owners <br /> Association that will be formed in accordance with Section 13 of the LEIA to manage the <br /> Riverfront Everett Property, provided that Riverfront shall provide prompt written notice <br /> of such assignment to the City and CONSULTANT. <br /> 14. Non-Waiver.Waiver by the CLIENT of any provision of this Agreement or any time <br /> limitation provided for in this Agreement shall not constitute a waiver of any other <br /> provision. <br /> 15. Termination. The CLIENT reserves the right to terminate this Agreement, in whole or in <br /> part, at any time by giving ten (10) days written notice to the CONSULTANT. In the event <br /> of such termination, the CONSULTANT will be entitled to be paid for all services <br /> performed up to the time of the termination in accordance with the payment provisions <br /> of this Agreement. Either CLIENT party may terminate some or all services provided <br /> under this Agreement to that CLIENT party effective on ninety (90) days prior written <br /> notice to the other CLIENT party and the CONSULTANT. <br /> 16. Disputes. All disputes arising in connection with this Agreement will be resolved through <br /> negotiation and mutual agreement of the parties, if possible. If such disputes cannot be <br /> resolved between the parties, they will be resolved through binding arbitration. The <br /> arbitration will be conducted by an arbitrator jointly selected by the parties. If the parties <br /> are not able to agree upon an arbitrator, the matter will be referred to the American <br /> Arbitration Association for resolution in accordance with the Construction Industry <br /> Arbitration Rules of the American Arbitration Association. In the event of such arbitration, <br /> the prevailing party will be entitled to recover its costs and attorneys' fees. <br /> 17. Attorneys' Fees and Costs. In the event either party shall bring suit against the other to <br /> enforce any provision of this Agreement, the prevailing party in such suit shall be entitled <br /> 6 <br />