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r <br /> Notwithstanding the foregoing provisions of this Section VI-B, the City also may, if it <br /> deems it appropriate, apply to any court, State or Federal, for remedy for breach of <br /> contract; for specific performance of this Agreement; for an injunction against any <br /> violation by the Agency of this Agreement; for the appointment of a receiver to take <br /> over and operate the Project in accordance with the terms of this Agreement; or for <br /> such other relief as may be appropriate, it being agreed by the Agency that the injury <br /> to the City arising from a default under and of the terms of this Agreement would be <br /> irreparable and that it would be extremely difficult to ascertain the amount of <br /> compensation to the City which would afford adequate relief, in light of the purposes <br /> and policies of the HOME Program. As an alternative, the City may, in its sole <br /> discretion, submit the matter to arbitration. <br /> C. Non-Waiver of Breach <br /> The City's failure to insist upon strict performance of any provision of this Agreement, <br /> or to exercise any rights or remedies herein, or its acceptance of any defective <br /> performance, shall not be construed to be a waiver or relinquishment of any rights, <br /> and shall not prevent the City from pursuing that or any other right at any future time, <br /> unless stated in a writing signed by an authorized representative of the City and <br /> attached to the original Agreement. <br /> D. Governing Law and Venue Stipulation <br /> This Agreement has been and shall be construed as having been entered into and <br /> delivered within the State of Washington, and it is mutually understood and agreed <br /> by each party hereto that this Agreement shall be governed by laws of the State of <br /> Washington, both as to interpretation and performance, and applicable Federal laws <br /> and regulations. <br /> Any action at law, suit in equity, or judicial proceeding for the enforcement of this <br /> Agreement or any provision thereof, shall be instituted and maintained only in any of <br /> the courts of competent jurisdiction at Everett in Snohomish County, unless the City <br /> determines a Federal forum is appropriate to the issue raised. <br /> VII. MISCELLANEOUS PROVISIONS <br /> A. Relationship of the Parties <br /> The parties intend that an independent contractor/City relationship will be created by <br /> this Agreement. Except to the extent specific Agency performance is required by this <br /> Agreement or by applicable provisions of law, the City is interested only in the results <br /> to be achieved and the implementation of services will lie solely with the Agency. <br /> B. Insurance <br /> 4 <br /> 1 . Liability Insurance <br /> HOME and ADDI Agreement between <br /> City of Everett and HomeSight <br /> 23 <br />