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<br /> <br /> <br />14 <br />AGREEMENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY <br />OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY <br />SUCH PROCEEDING BROUGHT IN SUCH A COURT AND ANY CLAIM THAT ANY SUCH PROCEEDING <br />BROUGHT IN SUCH A COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. EACH PARTY TO <br />THIS AGREEMENT HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY <br />LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE <br />TRANSACTIONS CONTEMPLATED HEREBY. <br />H. Notices. <br />All notices, requests, approvals, demands and other communications required or permitted to be given under <br />this Agreement must be in writing and delivered either personally, or by certified mail with postage prepaid <br />and return receipt requested, or by overnight courier to the party to be notified. All communications will be <br />deemed given when received. The addresses of the parties will be as follows; or as otherwise designated by <br />any party through notice to the other party: <br />If to Covered Entity: <br />City of Everett <br />2930 Wetmore Ave <br />Everett, WA 98201 <br /> <br /> <br />If to Business Associate: <br />Peak1 Administration, LLC <br />3903 E Primrose Lane, Suite 102 <br />Post Falls, ID 83854 <br /> I. Survival. <br />The obligations of Business Associate under Sections 2, 4, 5, 6 and 7 will survive the termination or other <br />completion of this Agreement for as long as Business Associate maintains any PHI of the Covered Entity. <br />J. Merger. <br />This Agreement constitutes the entire understanding between the parties and supersedes any and all prior or <br />contemporaneous understandings and agreements, whether oral or written, between the parties, with respect <br />to the matters of this Agreement. <br />K. Waiver. <br /> A failure by either party to enforce the other party’s performance of a provision of this Agreement will not <br />constitute a waiver of the right to subsequently enforce that provision or any other provision of this Agreement. <br />L. Severability. <br /> If a court of competent jurisdiction finds a provision of this Agreement unenforceable, it will not be given effect, <br />and the remainder of the Agreement will be enforced as if such provision was not included.