2004/08/04 Council Agenda Packet

promulgated in connection arising from the violations,breaches, or non-performance that lead to the Termination therewith. 9. Employment Bank warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bank, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Bank, any fee, commission,percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 10. MISCELLANEOUS A. Addresses Any statement, notice,request or other communication hereunder shall be deemed to be sufficiently given to the addressee and any delivery hereunder deemed made when sent by certified mail addressed to the following addresses: Notices to the City of Everett shall be sent to the following address: City of Everett Attn: Chief Financial Officer 2930 Wetmore Ave. Everett, WA 98201 Notices to Bank shall be sent to the following address: Tana R. Aardal, SVP; Bank of America NA Mail Code: WA1-501-34-03 800 5th Ave Seattle WA 98104-3176 Phone: 206.358.8935 Fax: 206.358.8818 B. Construction Each party acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms. Each party acknowledges that the Agreement should not be strictly construed against one party or the other,but interpreted reasonably and fairly so as to give effect to the manifest intentions of the parties. j1