Dawn McKenna - McKenna Interpreting Services 6/15/2016

X.A$30 or 10%compounding late fee will apply to all payments past due,whichever is greater. Attorneys'Fees In the event that any dispute among the parties to this Agreement should result in litigation, the prevailing party in such dispute shall be entitled to recover from the losing party all fees,costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement,including without limitation, such reason- able fees and expenses of attorneys and accountants,which shall include,without limitation, all fees, costs and expenses of appeals. Limitation of Liability CLIENT AGREES THAT IN NO EVENT WILL MCKENNA BE LIABLE FOR THE RESULTS OF CLIENT'S USE OF THESE SERVICES,FOR CLIENTS INABILITY OR FAILURE TO OBTAIN BUSINESS OR CUS- TOMERS,OR FOR INDIRECT, SPECIAL,OR CONSEQUENTIAL DAMAGES.CLIENT FURTHER AGREES THAT IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF MCKENNA FOR ANY CLAIMS,LOSSES OR DAMAGES ARISING UNDER THIS AGREEMENT WHETHER IN CONTRACT OR TORT,EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO MCKENNA DURING THE PRECED- ING TWELVE(12)MONTH PERIOD,EVEN IF MCKENNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM,LOSS,OR DAMAGE EXCEPT FOR LOSSES ARISING FROM MCKENNA'S GROSS NEGLIGENCE,FRAUD OR WILLFUL MISCONDUCT.THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EF- FECTIVENESS OF OTHER REMEDIES. Miscellaneous This Agreement shall be governed by and construed in accordance with the laws(excluding the law of conflict of laws)of the State of Washington.All disputes shall be resolved by arbitration in Everett,Washington.THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREE- MENT BETWEEN THE PARTIES CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT.No representation or promise relating to and no amendment of this Agreement shall be binding unless it is in writ- ing and signed by both parties. In the event that any of the provisions contained in this Agreement are held to be unenforceable,this Agreement shall be construed without such provisions.This Agreement shall remain in ef- fect until further agreement of the parties. These Policies are proprietary and confidential;please do not copy or share them with anyone other than the direct intended recipient.This agreement with the Everett Parks Department is subject to disclosure in accordance with the Washington State Public Records Act(Chapter 42.56 RCW). I have read this agreement and agree to the terms and conditions. 3 of 4