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1 <br /> H. Severability: Any term or provision of this Contract found to be prohibited by law shall <br /> be ineffective to the extent of such prohibition without invalidating the remainder of the <br /> Contract. <br /> I. Waiver: No covenant, term, or the breach thereof shall be deemed waived, except by <br /> written consent of the party against whom the waiver is claimed, and any waiver of the <br /> breach of any covenant, term or condition shall not be deemed to be a waiver of any <br /> preceding or succeeding breach of the same or any other covenant, term or condition. <br /> Neither the acceptance by Everett of any performance by the Contractor after the time the <br /> same shall have become due nor payment to the Contractor for any portion of the Work <br /> shall constitute a waiver by Everett of the breach or default of any covenant, term or <br /> condition unless otherwise this is expressly agreed to by Everett, in writing. The City's <br /> failure to insist on performance of any of the terms or conditions herein or to exercise any <br /> right or privilege or the City's waiver of any breach hereunder shall not thereafter waive <br /> any other term, condition, or privilege,whether of the same or similar type. <br /> J. Entire Contract: This document, along with any attachments and work orders, <br /> constitutes the entire agreement between the parties with respect to the Work. No verbal <br /> agreement or conversation between any officer, agent, associate or employee of Everett <br /> and any officer, agency, employee or associate of the Contractor prior to the execution of <br /> this Contract shall affect or modify any of the terms or obligations contained in this <br /> Contract. <br /> K. Negotiated Contract: The parties acknowledge that this is a negotiated Contract, that <br /> they have had the opportunity to have this Contract reviewed by respective legal counsel, <br /> and those terms and conditions are not construed against any party on the basis of such <br /> party's draftsmanship thereof. <br /> L. No personal liability: No officer, agent or authorized employee of the City shall be <br /> personally responsible for any liability arising under this Contract, whether expressed or <br /> implied, nor for any statement or representation made herein or in any connection with <br /> this Contract. <br /> IN WITNESS WHEREOF, in consideration of the terms, conditions, and covenants contained <br /> herein, or attached and incorporated and made a part hereof, the parties have executed this <br /> Contract by having their authorized representatives affix their signatures below. <br /> CITY OF EVERETT CONTRACTOR <br /> WASHINGTON <br /> By: \ <br /> By: <br /> Ray Stephanson,Mayor <br /> 33 of 34 <br /> 33 <br />