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23. Modification of Agreement. This Agreement may be modified as provided in ¶8, or by a <br /> writing explicitly identified as a modification of this Agreement that is signed by authorized <br /> representatives of the City and the Service Provider. <br /> 24. Severability. If any part of this Agreement is found to be in conflict with applicable laws, <br /> such part shall be inoperative, null and void, insofar as it is in conflict with said laws, and the <br /> remainder of the Agreement shall remain in full force and effect. <br /> 25. Notices. <br /> A. Notices to the City of Everett shall be sent to the following address: <br /> City of Everett <br /> Attn.: Jeanette Postma,Information Technology Manager <br /> 2930 Wetmore,Suite 6A <br /> Everett, WA 98201 <br /> B. Notices to the Service Provider shall be sent to the following address: <br /> Rob Tate <br /> Black Box Network Svcs <br /> 800 S.W.34th Street, Suite A Renton, WA 98057 <br /> 26. Venue. Venue for any lawsuit arising out of this Agreement shall be in the Superior Court of <br /> Snohomish County, Washington. <br /> 27. Governing Law. The laws of the State of Washington, without giving effect to principles of <br /> conflict of laws, govern all matters arising out of or relating to this Agreement. <br /> 28. Signature. At the sole discretion of the City, the City may consent to the Service Provider's <br /> signature on this Agreement being by email, fax, pdf or other electronic means, in which case such <br /> Service Provider signature will be deemed an original signature for all purposes. The City will be <br /> deemed to have given such consent effective upon execution of this Agreement by the Mayor of the <br /> City. <br /> 29. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR <br /> ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST OF COVER OR OTHER <br /> INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, <br /> PROFITS OR OPPORTUNITIES) INCLUDING ANY DAMAGES OF ANY KIND <br /> RESULTING FROM UNAUTHORIZED USE OF THE SYSTEM, INCLUDING, WITHOUT <br /> LIMITATION, TOLL FRAUD OR COMPUTER VIRUSES, HOWEVER CAUSED, ON ANY <br /> THEORY OF LIABILITY, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF <br /> THE POSSIBILITY OF SUCH DAMAGES. THE PRECEDING LIMITATION SHALL NOT <br /> APPLY TO EITHER PARTY'S BREACH OF CONFIDENTIALITY OBLIGATIONS OR <br /> CUSTOMER'S BREACH OF ANY APPLICABLE SOFTWARE LICENSE OR IN THE CASE <br /> OF EITHER PARTY'S GROSS NEGLIGENCE OR INTENTIONAL OR WILLFUL <br /> MISCONDUCT. <br /> Page 9 <br /> Black Box 2017 <br />