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b. If the Contractor 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 pay the Contractor only for the <br />reimbursable expenses, if any, accepted by the County in accordance with Sections 3 and 8 hereof. <br />c. The County may terminate this Agre ment upon five (5) business days' <br />written notice to the Contractor for any reason other than stated in subparagraph b above, in which <br />case payment shall be made in accordance with Sections 3 and 7 hereof for the reimbursable <br />expenses, if any, reasonably and directly incurred by the Contractor in performing this Agreement <br />prior to receipt of the termination notice. <br />d. Termination by the County hereunder shall not affect the rights of the <br />County as against the Contractor provided under any other section or paragraph herein. The <br />County does not, by exercising its rights under this Section 19, waive, release or forego any legal <br />remedy for any violation, breach or non-performance of any of the provisions of this Agre ment. <br />At its sole option, the County may deduct from the final payment due the Contractor (i) any <br />damages, expenses or costs arising out of any such violations, breaches or non-performance and <br />(ii) any other set -offs or credits including, but not limited to, the costs to the County of selecting <br />and compensating another contactor to complete the work of the Agreement. <br />10. Notices. All notices and other communications shall be in writing and shall be <br />sufficient if given, and shall be deemed given, on the date on which the same has been mailed by <br />certified mail, return receipt requested, postage prepaid, addressed as follows: <br />If to the County: <br />If to the Contractor: <br />Snohomish County Executive Office <br />3000 Rockefeller Avenue <br />Everett, WA 98201 <br />Attention: Trudy Soriano <br />Fiscal Analyst <br />City of Everett <br />802 E Mukilteo Blvd <br />Everett, WA 98201 <br />Attention: Andie Allred <br />The County or the Contractor may, by notice to the other given hereunder, designate any <br />further or different addresses to which subsequent notices or other communications shall be sent. <br />11. Confidentiality. The Contractor shall not disclose, transfer, sell or otherwise <br />release to any third party any confidential information gained by reason of or otherwise in <br />connection with the Contractor's performance under this Agreement. The Contractor may use <br />such information solely for the purposes necessary to perform its obligations under this <br />Agreement. The Contractor shall promptly give written notice to the County of any judicial <br />proceeding seeking disclosure of such information. <br />HOTEL -MOTEL TAX FUND AGREEMENT <br />CITY OF EVERETT Page 7 of 12 <br />