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Everett Outdoor Event Center – Phase 1B <br />January 6, 2026 <br />Page 9 of 9 <br />an invoice, Client must advise Walker Macy in writing within fifteen (15) days from invoice <br />date, and undisputed portions are subject to payment within thirty (30) days. <br /> <br />7. Additional Services: If changes in the scope of work are requested by the Client or if <br />conditions or circumstances are discovered which are unusual or were not contemplated at <br />the commencement of this Agreement, Client and Walker Macy agree to negotiate in good <br />faith any changes to the price, terms and conditions or schedule of the Agreement. <br /> <br />8. Claims and Disputes: All claims, disputes, and other matters in question arising out of, or <br />relating to, this Agreement or breach thereof shall be decided by arbitration in accordance <br />with the rules of the American Arbitration Association in effect at the date of this Agreement. <br />A demand for arbitration shall be made in writing, delivered to the other party to this <br />Agreement, and filed with the person or entity administering the arbitration. <br /> <br />9. Termination: This Agreement may be terminated by either party upon thirty (30) days written <br />notice to the other. In the event of termination, Client shall pay for all reasonable charges for <br />work performed by Walker Macy to date of termination. <br /> <br />10. Limit on Liability: The entire joint, several and individual liability of Walker Macy or its <br />partners, directors, members, officers, employees, agents or other representatives, <br />irrespective of the number of claims and whether such claims are based in negligence, <br />professional negligence, any other tort, breach of contract, warranty or any other claim, will <br />not exceed Walker Macy’s compensation under this Agreement. <br /> <br />11. Waiver of Consequential Damages: Client and Walker Macy waive consequential damages <br />for claims, disputes or other matters in question arising out of or relating to this Agreement. <br /> <br /> <br />Please contact me or Calder Gillin if you have any questions, require clarification, or if we can be of <br />further assistance. We look forward to working with you on this Everett Outdoor Event Center project. <br /> <br />Sincerely, <br /> <br />WALKER MACY <br /> <br />Brian Bishop, ASLA <br />Principal <br />bbishop@walkermacy.com <br /> <br /> <br /> <br />Attachments: <br />Exhibit A – Landscape Scope Diagram <br />Progressive Design-Build Contract for Everett Outdoor Event Center <br />Exhibit to Amendment No. 1 - Phase 1B Work and Fee Proposal