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8 <br />approved change orders less those amounts paid to the Contractor before the effective <br />date of the termination <br />11.Other Provisions. <br />A.Any waiver by the City or the breach of any provision of this Contract by the Contractor <br />will not operate or be construed as a waiver of any subsequent breach by the <br />Contractor or prevent the City from enforcing any such provisions thereafter. <br />B.This Contract may not be assigned by the Contractor without the written consent of the <br />City, which consent may be withheld in the City’s sole discretion. <br />C.The Contract Documents contain the complete and integrated understanding and <br />contract between the parties and supersede any understanding, agreement, or <br />negotiation, whether oral or written, not set forth herein. <br />D.Unless otherwise directed in writing by the City’s Project Manager, notices to the City <br />must be in writing and shall be delivered to the City’s Project Manager postage prepaid <br />or delivered by hand. Notices to the Contractor may be delivered to the Contractor by <br />mail or email to the address for Contractor in the Basic Provisions or to any other <br />address reasonably calculated to give the Contractor notice. <br />E.This Contract may only be modified by a written change order executed in accordance <br />with the Contract. <br />F.Exclusive venue for any lawsuit arising out of this Contract shall be in the Superior Court <br />of Snohomish County, Washington. The laws of the State of Washington, without giving <br />effect to principles of conflict of laws, govern all matters arising out of or relating to this <br />Contract. <br />12.Effective Date. This Contract is effective as of the date of the Mayor’s signature. The parties <br />are signing this Contract with AdobeSign, and signatures with AdobeSign are fully binding. <br />IN WITNESS WHEREOF, the City and Contractor have executed this Contract. <br />CITY OF EVERETT <br />WASHINGTON <br />____________________________ <br />Cassie Franklin, Mayor <br />______________________________ <br />Date <br />NIVEN ENTERPRISES LLC DBA LIONHEART CONCRETE <br />Signature: ____________________________ <br />Name of Signer: Brad Niven <br />Signer’s Email Address: lionheartconcrete@gmail.com <br />Title of Signer: Vice President05/08/2024