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5 <br /> 9.8 Equal Employment Opportunity <br /> Concessionaire shall not discriminate against any employee, applicant for employment, <br /> independent Concessionaire, or proposed independent Concessionaire, on the basis of race, <br /> color,religion, sex, age, disability,marital state, or national origin. <br /> 9.9 Modification of Agreement <br /> This Agreement may only be modified by a writing explicitly identified as a modification of this <br /> Agreement that is signed by authorized representatives of the City and Concessionaire. The head <br /> of the City's Parks and Recreation Department is authorized to execute amendments modifying <br /> Exhibits A, B, C and D. <br /> 9.10 No Partnership <br /> The parties do not intend to create any joint venture or partnership by this Agreement. <br /> 9. 11 Other Rights <br /> The parties do not intend to confer any rights or benefits on any third parties by this Agreement. <br /> 9. 12 Severability <br /> If any part of this Agreement is found to be in conflict with applicable laws, such part shall be <br /> inoperative,null and void, insofar as it is in conflict with said laws, the remainder of the <br /> Agreement shall remain in full force and effect. <br /> 9.13 Notices <br /> Notices to the City of Everett shall be sent to the following address: <br /> City of Everett <br /> Attn: <br /> Everett, WA <br /> Notices to Concessionaire shall be sent to the following address: <br /> Concessionaire <br /> Attn.: <br /> 9.14 Venue <br /> Any lawsuit arising out of this Agreement shall be brought in Snohomish County Superior Court <br /> and the law of the State of Washington shall apply to this Agreement. <br /> Page 9 <br />