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3. Representation and Warranties. Each Party hereto represents and warrants to the <br />other Party as follows: <br />a. The execution and delivery of this Amendment and the performance by such <br />Party of its obligations hereunder have been duly authorized by all necessary <br />action on the part of such Party; and <br />b. This Amendment constitutes the valid and binding obligation of such Party in <br />accordance with its terms. <br />4. No Other Changes; Conflict of Terms. Except as set forth in this Amendment, all <br />terms and conditions of the Agreement remain in full force and effect. In the event of <br />any conflict between the terms of this Amendment and the Agreement, the Amendment <br />will control. <br />5. Counterparts; Electronic Signatures. This Amendment may be executed in several <br />counterparts, each of which so executed will be deemed to be an original, and such <br />counterparts together will constitute one and the same instrument. The Parties <br />acknowledge and agree that this Amendment may be executed by electronic signature, <br />which will be considered as an original signature for all purposes and will have the same <br />force and effect as an original signature. Without limitation, "electronic signature" will <br />include faxed versions of an original signature or electronically scanned and transmitted <br />versions (e.g., via PDF or email) of an original signature. <br />SO AGREED: <br />City of Everett, Washington <br />By: <br />Name: <br />Title: <br />Alliant Insurance Services, Inc. <br />By: <br />Name: <br />Title: <br />2 <br />