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<br /> <br />HOTEL-MOTEL TAX FUND AGREEMENT <br />WITH THE CITY OF EVERETT Page 7 of 13 <br />the same within five (5) business days of written notice to do so by the County, the County may <br />terminate this Agreement, in which case the County shall pay the Contractor only for the <br />reimbursable expenses, if any, accepted by the County in accordance with Sections 3 and 8 hereof. <br /> <br />c. The County may terminate this Agreement upon five (5) business days’ <br />written notice to the Contractor for any reason other than stated in subparagraph b above, in which <br />case payment shall be made in accordance with Sections 3 and 8 hereof for the reimbursable <br />expenses, if any, reasonably and directly incurred by the Contractor in performing this Agreement <br />prior to receipt of the termination notice. <br /> <br />d. Termination by the County hereunder shall not affect the rights of the <br />County as against the Contractor provided under any other section or paragraph herein. The <br />County does not, by exercising its rights under this Section 19, waive, release or forego any legal <br />remedy for any violation, breach or non-performance of any of the provisions of this Agreement. <br />At its sole option, the County may deduct from the final payment due the Contractor (i) any <br />damages, expenses or costs arising out of any such violations, breaches or non-performance and <br />(ii) any other set-offs or credits including, but not limited to, the costs to the County of selecting <br />and compensating another contactor to complete the work of the Agreement. <br /> <br />20. Notices. All notices and other communications shall be in writing and shall be <br />sufficient if given, and shall be deemed given, on the date on which the same has been mailed by <br />certified mail, return receipt requested, postage prepaid, addressed as follows: <br /> <br />If to the County: Snohomish County Executive Office <br /> 3000 Rockefeller Avenue <br /> Everett, WA 98201 <br /> Attention: Trudy Soriano <br /> Fiscal Analyst <br /> <br />If to the Contractor: City of Everett <br />802 E. Mukilteo Blvd. <br />Everett, WA <br />Attention: Kimberly Moore <br /> <br />The County or the Contractor may, by notice to the other given hereunder, designate any <br />further or different addresses to which subsequent notices or other communications shall be sent. <br /> <br />21. Confidentiality. The Contractor shall not disclose, transfer, sell or otherwise <br />release to any third party any confidential information gained by reason of or otherwise in <br />connection with the Contractor’s performance under this Agreement. The Contractor may use <br />such information solely for the purposes necessary to perform its obligations under this <br />Agreement. The Contractor shall promptly give written notice to the County of any judicial <br />proceeding seeking disclosure of such information. <br /> <br />22. Public Records Act. This Agreement and all public records associated with this <br />Agreement shall be available from the County for inspection and copying by the public where