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<br />(2024 ed.) <br />HISTORIC PRESERVATION GRANT AGREEMENT <br /> Page 5 of 9 <br />applicable federal, state and local laws, rules, and regulations in performing this Agreement. <br /> <br />14. Compliance with Grant Terms and Conditions. Everett Public Library shall comply <br />with any and all conditions, terms and requirements of any federal, state or other grant, if any, that <br />wholly or partially funds Everett Public Library’s work hereunder. <br /> <br />15. Prohibition of Contingency Fee Arrangements. Everett Public Library warrants that <br />it has not employed or retained any company or person, other than a bona fide employee working <br />solely for Everett Public Library, to solicit or secure this Agreement and that it has not paid or agreed <br />to pay any company or person, other than a bona fide employee working solely for Everett Public <br />Library, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent <br />upon or resulting from the award or making of this Agreement. For breach or violation of this <br />warranty, the County shall have the right to terminate this Agreement without liability or, in its <br />discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount <br />of such fee, commission, percentage, brokerage fee, gift or contingent fee. <br /> <br />16. Force Majeure. If either party is unable to perform any of its obligations under this <br />Agreement as a direct result of an unforeseeable event beyond that party’s reasonable control, <br />including but not limited to an act of war, act of nature (including but not limited to earthquake and <br />flood), embargo, riot, sabotage, labor shortage or dispute (despite due diligence in obtaining the <br />same), or governmental restriction imposed subsequent to execution of the Agreement (collectively, <br />a “force majeure event”), the time for performance shall be extended by the number of days directly <br />attributable to the force majeure event. Both parties agree to use their best efforts to minimize the <br />effects of such failures or delays. <br /> <br /> <br />17. Non-Waiver of Breach; Termination. <br /> <br />a. The failure of the County to insist upon strict performance of any of the covenants <br />or agreements contained in this Agreement, or to exercise any option conferred by this Agreement, <br />in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, <br />agreements or options, and the same shall be and remain in full force and effect. <br /> <br />b. If Everett Public Library breaches any of its obligations hereunder, and fails to cure <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 reimburse Everett Public Library only for <br />the eligible expenses, if any, accepted by the County in accordance with Section 3. <br /> <br />c. The County may terminate this Agreement upon five (5) business days’ written <br />notice to Everett Public Library for any reason other than stated in subparagraph b above, in which <br />case reimbursement shall be made in accordance with Section 3 hereof for the eligible expenses, if <br />any, reasonably and directly incurred by Everett Public Library prior to receipt of the termination <br />notice. <br />