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6 <br /> (30) days after the date such notice is mailed (or within such shorter or longer time as <br /> the City, in its sole discretion, may determine), the City may, without further prior notice, <br /> declare in writing a default under this Agreement, declare that the Grant be repaid, and <br /> terminate or suspend this 2060 HTF Agreement. <br /> The City also may, if it deems it appropriate, apply to any court, State or Federal, for <br /> remedy for breach of contract; for specific performance of this 2060 HTF Agreement; for <br /> an injunction against any violation by the Grantee of this 2060 HTF Agreement; for the <br /> appointment of a receiver to take over and operate the Project in accordance with the <br /> terms of this 2060 HTF Agreement; or for such other and further relief as may be <br /> appropriate, it being agreed by the Grantee that the injury to the City arising from a <br /> default under and of the terms of this 2060 HTF Agreement would be irreparable and <br /> that it would be extremely difficult to ascertain the amount of compensation to the City <br /> which would afford adequate relief, in light of the purposes and policies of the 2060 <br /> Housing Trust Fund. As an alternative, the City may, in its sole discretion, submit the <br /> matter to arbitration. <br /> XIII. NONWAIVER OF BREACH <br /> The City's failure to insist upon strict performance of any of the terms of this 2060 HTF <br /> Agreement, or to exercise any rights or remedies herein, or its acceptance of any <br /> defective performance in any one or more instances, shall not be construed to be a <br /> waiver or relinquishment of any rights, and shall not prevent the City from pursuing that <br /> or any other right at any future time, unless stated in a writing signed by an authorized <br /> representative of the City and attached to the original Agreement. <br /> XIV. GOVERNING LAW; VENUE STIPULATION <br /> This HTF 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 by <br /> each party hereto that this 2060 HTF Agreement shall be governed by the laws of the <br /> State of Washington, both as to interpretation and performance, and by applicable <br /> Federal laws and regulations. <br /> Any action at law, suit in equity, or judicial proceeding for the enforcement of this 2060 <br /> HTF 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, Washington, unless <br /> the City determines a Federal forum is appropriate to the issue raised. <br /> XV. RELATIONSHIP OF THE PARTIES <br /> The parties intend that an independent contractor/City relationship will be created by this <br /> 2060 HTF Agreement. Except to the extent specific Grantee performance is required by <br /> this Agreement, the City is interested only in the results to be achieved and the <br /> implementation of services will lie solely with the Grantee. No agent, officer, employee, <br /> servant, or representative of the Grantee shall be deemed to be an officer, employee, <br /> agent, servant, or representative of the City for any purpose, and the employees of the <br /> Grantee are not entitled to any of the benefits the City provides for City employees. The <br /> Grantee will be solely and entirely responsible for its acts and for the acts of its agents, <br /> employees, servants, contractors and subcontractors, or otherwise during the <br /> performance of this 2060 HTF Agreement. Neither party shall have the power to bind or <br /> 7 <br /> P! N <br />