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General Provisions - 6
<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 />17. 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 />18. 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 />19. 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 />20. 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 />21. 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 />22. 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 />23. Venue. Venue for any lawsuit arising out of this Agreement shall be in the Superior Court of
<br />Snohomish County, Washington.
<br />24. 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 />25. 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 />26. 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 />27. Signature/Counterparts. This Agreement and any amendment thereto may be signed in
<br />counterparts, each of which shall be deemed an original, and all of which, taken together, shall be
<br />deemed one and the same document. AdobeSign signatures are fully binding. Any ink, electronic,
<br />faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any
<br />amendment hereto will be deemed an original signature and will be fully enforceable as an original
<br />signature.
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