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8 <br /> <br /> 9. Personal Services, no Subcontracting. This Agreement has been entered into in <br />consideration of the RALJ Public Defender’s particular skills, qualifications, experience, and <br />ability to meet the Standards incorporated in this Agreement. This Agreement shall not be <br />subcontracted without the express written consent of the City and refusal to subcontract may be <br />withheld at the City’s sole discretion. Any assignment of this Agreement by the RALJ Public <br />Defender without the express written consent of the City shall be void. <br /> <br /> 10. Modification. No waiver, alteration or modification of any of the provisions of this <br />Agreement shall be binding unless in writing and signed by the duly authorized representatives of <br />the City and the RALJ Public Defender. <br /> <br /> 11. Entire Agreement. The written provisions in terms of this Agreement, together with <br />any exhibit attached hereto, shall supersede all prior verbal statements of any officer or other <br />representative of the City, and such statement(s) shall not be effective or construed as entering into <br />or forming a part of, or altering in any manner whatsoever, this Agreement. This Agreement shall <br />supersede any and all prior agreements between the parties. <br /> <br /> 12. Written Notice. All communications regarding this Agreement shall be sent to the <br />parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder <br />shall become effective as of the date of mailing by registered or certified mail, and shall be deemed <br />sufficiently given if sent to the addressee at the address stated in the Agreement or such other <br />address as may be hereinafter specified in writing: <br /> <br />CITY: RALJ PUBLIC DEFENDER: <br />City of Everett Snohomish County Public Defender Assn. <br />City Attorney’s Office Attention: Kathleen Kyle <br />2930 Wetmore Ave., Suite 10-C 2722 Colby Ave., Suite 200 <br />Everett WA 98201 Everett, WA 98201 <br /> <br /> 13. Nonwaiver of Breach. The failure of the City to insist upon strict performance of <br />any of the covenants and agreements contained herein or to exercise any option herein conferred <br />in one or more instances shall not be construed to be a waiver or relinquishment of such covenants, <br />agreements, or options and the same shall be and remain in full force and effect. <br /> <br /> 14. Resolutions of Disputes, Governing Law. Should any dispute, misunderstanding <br />or conflict arise as to the terms or conditions contained in this Agreement, the matter shall be <br />referred to the Agreement Administrator, whose decision shall be final. Provided, however, that <br />any complaint regarding any violation of the Standards or which relate to any manner whatsoever <br />to trial strategy or an ongoing case, shall be referred to the Judge of the City’s Municipal Court or <br />to the Washington State Bar Association as appropriate. Nothing herein shall be construed to <br />obligate, require or permit the City, its officers, agents, or employees to inquire into any privileged <br />communication between the RALJ Public Defender and any indigent defendant. In the event of <br />any litigation arising out of this Agreement, the prevailing party shall be reimbursed for reasonable <br />RALJ Public Defender’s fees from the other party. This Agreement shall be governed by and <br />construed in accordance with the laws of the State of Washington and the rules of the Washington