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General Provisions - 4
<br />City shall seek to provide notice to Service Organization at least ten (10) days before the City
<br />releases records pursuant to such public records request, but in no event will the City have any
<br />liability to Service Organization for any failure of the City to provide such notice. In addition to its
<br />other indemnification and defense obligations under this Agreement, Service Organization shall
<br />indemnify and defend the City from and against any and all losses, penalties, fines, claims,
<br />demands, expenses (including, but not limited to, attorney’s fees and litigation expenses), suits,
<br />judgments, or damage arising from or relating to any failure of Service Organization to comply
<br />with this Section.
<br />16.Equal Opportunity. Service Organization shall not discriminate against any employee,
<br />volunteer, applicant for employment, or other person on the basis of race, color, religion, sex,
<br />age, disability, marital state, or national origin or other circumstance prohibited by applicable
<br />federal, state, or local law or ordinance. Service Organization shall comply with and shall not
<br />violate any applicable provisions of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964,
<br />and all applicable federal, state, or local law or ordinance regarding non-discrimination.
<br />17.Waiver. Any waiver by Service Organization or the City or the breach of any provision of this
<br />Agreement by the other party will not operate, or be construed, as a waiver of any subsequent
<br />breach by either party or prevent either party from thereafter enforcing any such provisions.
<br />18.Complete Agreement. This Agreement contains the complete and integrated understanding and
<br />agreement between the parties and supersedes any understanding, agreement or negotiation
<br />whether oral or written not set forth herein.
<br />19.Modification of Agreement. This Agreement may only be modified as provided in Section 8, or
<br />by a writing explicitly identified as a modification or amendment of this Agreement that is signed
<br />by authorized representatives of the City and Service Organization.
<br />20.Severability. If any part of this Agreement is found to be in conflict with applicable laws, such
<br />part shall be inoperative, null and void, insofar as it is in conflict with said laws, and the remainder
<br />of the Agreement shall remain in full force and effect.
<br />21.Notices.
<br />A.Notices to the City shall be sent to the City Project Manager address in the Basic Provisions.
<br />B.Notices to Service Organization shall be sent to its address in the Basic Provisions.
<br />22.Venue. Venue for any lawsuit arising out of this Agreement shall be in the Superior Court of
<br />Snohomish County, Washington.
<br />23.Governing Law. The laws of the State of Washington, without giving effect to principles of conflict
<br />of laws, govern all matters arising out of or relating to this Agreement.
<br />24.City Marks. Service Organization will not use any trade name, trademark, service mark, or logo
<br />of the City (or any name, mark, or logo confusingly similar thereto) in any advertising, promotions,
<br />or otherwise, without the City's express prior written consent.
<br />25.No Personal Liability. No officer, agent or employee of the City shall be personally responsible
<br />for any liability arising under this Agreement, whether expressed or implied, nor for any
<br />statement or representation made or in any connection with this Agreement.
<br />26.Liens. In the event Service Organization pays for any services out of its own funds, Service
<br />Organization shall keep City property free from any liens arising out of work performed for, materials
<br />furnished to, or obligations incurred by, or on behalf of, Service Organization in the performance of
<br />this Agreement. Any construction liens filed against City property for work or materials claimed to
<br />have been furnished to Service Organization will be discharged by Service Organization, by bond or
<br />otherwise, within ten (10) days after the filing of the claim or lien, at Service Organization’s sole cost
<br />and expense. Should Service Organization fail to discharge any such construction lien, the City may,
<br />at its election, pay that claim or post a bond or otherwise provide security to eliminate the lien as a
<br />claim against title and the cost to the City shall be immediately due and payable by Service
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