2004/07/02 Council Agenda Packet

8 19. Compliance with Grant Terms and Conditions. Beck shall comply with any and all conditions, terms and requirements of any federal, state or other grant that wholly or partially funds Beck's work hereunder. 20. Waiver. Any waiver by Beck or the City or the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. 21. Complete Agreement. This Agreement contains the complete and integrated understanding and Agreement between the parties and supersedes any understanding,Agreement or negotiation whether oral or written not set forth herein. 22. Modification of Agreement. This Agreement may be modified as provided in ¶8, or by a writing explicitly identified as a modification of this Agreement that is signed by authorized representatives of the City and the Beck. 23. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict with said laws, the remainder of the Agreement shall remain in full force and effect. 24. Notices. A. Notices to the City of Everett shall be sent to the following address: City of Everett Attn: John McClellan,P.E. Utilities Department,Public Works 3200 Cedar Street Everett,WA 98201 B. Notices to Beck shall be sent to the following address: R.W.Beck Attn: Keith Parker,P.E. 1001 Fourth Avenue, Suite 2500 Seattle,WA 98154-1004 25. Venue. It is agreed that venue for any lawsuit arising out of this Agreement shall be Snohomish County. IN WITNESS WHEREOF, the City and Beck have executed this Agreement as of the date first above written. CITY OF EVERETT R.W.BECK,INC. WASHINGTON By: Ray Stephanson,Mayor `'- 24 7