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01/29/2007 13:24 FAX 425 257 8741 CITY OF EVERETT 1006 <br /> FROM, (MON)JAN 29 2007 1 1 :15/ST. 1 1 :10/No, 6827678008 P 6 <br /> -- - r,,...�......E,�,.,V L w rage J of i <br /> • City of Everett Fire Department <br /> Attn: Deputy Chief Jack Robinson 1 3 <br /> V <br /> 2811 Oakes Ave. <br /> Everett, WA 98201 <br /> 2. Notices to Systems Design shall be sent to the following address: <br /> Systems Design Northwest,Inc. <br /> P.O. Box 3510 <br /> Silverdale,WA 98383 <br /> B. Construction <br /> Each party acknowledges that it has read this Agreement,understands it and agrees to be bound by its terms. <br /> Each party acknowledges that the Agreement should not be strictly construed against one party or the other,but <br /> interpreted reasonably and fairly so as to give effect to the manifest intentions of the parties. <br /> C Ownership of Data <br /> Systems Design acknowledges that all data and records received by it relating to this Agreement are, or become, <br /> property of the City. <br /> D)Modification <br /> This Agreement may not be modified except by a written instrument duly executed by the parties hereto. The <br /> City may, from time to time,require changes in the scope of this Agreement. Such changes,including any <br /> increase or decrease in the amount of Systems Design's compensation, or services, shall: (a)be made only in <br /> writing and signed by an authorized City representative, (b)be explicitly identified as a change to this <br /> Agreement and (c)become a part of this Agreement. <br /> E Force�Vl:_ttjeure <br /> Each party shall be excused from delays in performing or from its failure to perform hereunder to the extent that <br /> such delays or failures result from causes beyond the reasonable control of such party; provided that, in order to <br /> be excused from delay or failure to perform,such party must act diligently to remedy the cause or effect of'such <br /> delay or failure to the extent the party is able. In the event of such delays,the timetables shall be extended by as <br /> many calendar days as the delay caused by forces outside the reasonable control of the parties. <br /> F. Required Approvals <br /> Where agreement, approval,acceptance, or consent by either party is required by any provision of this <br /> Agreement, such action shall not be unreasonably delayed or withheld. <br /> C. Applicable Law and Choice of Forum <br /> This Agreement and the parties'obligations hereunder shall be governed, construed, and enforced in accordance <br /> with the laws of the State of Washington, The parties agree that Snohomish County,in the State of Washington, <br /> shall be the proper forum for any action, <br /> H. Severability 12 4 <br /> http//mail_systemsdesignnw.com/view.php?Horde--c87c35b02.1a04ee6a615aad99c4c0d8f&t.hismai... 3/7/2005 <br />