Housing Hope HCS-15-42-1213-198(1) 7/25/2016

copyright, PROVIDED, that with respect to data not originated in the performance of this Loan Agreement, such license shall be only to the extent that the Agency has the right to grant such license without becoming liable to pay compensation to others because of such grant. The Agency shall exert all reasonable effort to advise the City, at the time of delivery of data furnished under this Loan Agreement, of all invasions of right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this Loan Agreement and not licensed under this clause. The Agency shall report to the City promptly, and in written detail, each notice of claim of copyright infringement received by the Agency with respect to all data delivered under this Loan Agreement. The Agency shall not affix any restrictive markings upon any data, and if such markings are affixed, the City shall have the right at any time to modify, remove, obliterate, or ignore such markings. E. Evaluation The Agency agrees to participate with the City in any evaluation or audit of the Project conducted by the County or HUD, and to make available all information in its possession relevant to such evaluation or audit. F. Severability It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is held by a court to be invalid or void, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall remain in full force and effect and shall be construed and enforced as if the Loan Agreement did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statute or ordinance of the United States, the State of Washington, Snohomish County, or the City of Everett, said provision which may conflict therewith shall be deemed modified to conform to such statutory provision. G. Entire Agreement— Modification This Amended Loan Agreement constitutes the entire agreement between the parties as to the subject matter hereof and supersedes all prior discussions and understandings between them. This Amended Loan Agreement may not be amended or modified in any manner except by an instrument in writing signed by a duly authorized officer or representative of each of the parties hereto. The City and the Agency agree that this Amended Loan Agreement shall be modified if necessary to achieve compliance with HUD requirements. Amended HOME Loan Agreement Housing Hope's Kennedy Court Improvement Project Page 49 of 53