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201(d) of said act; and the use of any assistance provided under this <br /> Agreement for such acquisition or construction in such identified areas in <br /> communities then participating in the National Flood Insurance Program <br /> shall be subject to the mandatory purchase of flood insurance in <br /> accordance with the requirements of Section 102(a) of said act. The <br /> Agency shall ensure that flood insurance coverage for affected property is <br /> maintained for the mandatory period. <br /> B. Relationship of the Parties <br /> The parties intend that an independent contractor/county relationship will be <br /> created by this Agreement. Except to the extent specific Agency performance <br /> is required by this Agreement or by applicable provisions of law, the County is <br /> interested only in the results to be achieved and the implementation of <br /> services will lie solely with the Agency. No agent, officer, employee, servant <br /> or representative of the Agency shall be deemed to be an agent, officer, <br /> employee, servant or representative of the County for any purpose, and none <br /> of the Agency's employees shall be entitled to any benefits or rights enjoyed <br /> by employees of the County. The Agency will be solely and entirely <br /> responsible for its acts and for the acts of its agents, employees, servants, <br /> contractors and subcontractors during the performance of this Agreement. <br /> Neither party shall have the power to bind or obligate the other party except <br /> as set forth in this Agreement. No joint venture is being undertaken as a <br /> result of this Agreement and the parties are not general partners. Nothing <br /> herein shall be construed as reserving to the County the right to control the <br /> Agency's business. <br /> C. Severability <br /> It is understood and agreed by the parties hereto that if any part, term, or <br /> provision of this Agreement is held by a court to be invalid or void, the validity <br /> of the remaining provisions shall not be affected, and the rights and <br /> obligations of the parties shall remain in full force and effect and shall be <br /> construed and enforced as if the Agreement did not contain the particular <br /> provision held to be invalid. <br /> If it should appear that any provision hereof is in conflict with any statute or <br /> ordinance of the United States, the state of Washington, or Snohomish <br /> County, said provision which may conflict therewith shall be deemed modified <br /> to conform to such statutory provision. <br /> D. Entire Agreement— Modification <br /> This Agreement constitutes the entire agreement between the parties as to <br /> the subject matter hereof and supersedes all prior discussions and <br /> Exhibit A <br /> HCS-16-42-1601-198 <br /> City of Everett <br /> Page 22 of 23 <br />