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6 <br /> obligate the other party except as set forth in this Agreement. No joint venture is being <br /> undertaken as a result of this 2060 HTF Agreement and the parties are not general <br /> partners. Nothing herein shall be construed as reserving to the City the right to control <br /> the Grantee's business. <br /> XVI. HOLD HARMLESS AND INDEMNIFICATION <br /> The Grantee agrees to protect, hold harmless, indemnify and defend, at its own <br /> expense, City of Everett and its elected and appointed officials, officers, employees and <br /> agents, from any loss, expense, or claim for damages of any nature whatsoever, arising <br /> out of the performance of this 2060 HTF Agreement, including claims by the Grantee's <br /> employees or third parties, including litigation costs and reasonable attorney's fees, <br /> except for those damages caused solely by the negligence or willful misconduct of City <br /> of Everett, its elected or appointed officials, officers, employees or agents acting within <br /> the scope of their appointment or employment. <br /> XVII. SEVERABILITY <br /> It is understood and agreed by the parties hereto that if any part, term, or provision of <br /> this Agreement is held by a court to be invalid or void, the validity of the remaining <br /> provisions shall not be affected, and the rights and obligations of the parties shall remain <br /> in full force and effect and shall be construed and enforced as if the Agreement did not <br /> contain the particular provision held to be invalid. <br /> If it should appear that any provision hereof is in conflict with any statute or ordinance of <br /> the United States, the State of Washington, or City of Everett, said provision which may <br /> conflict therewith shall be deemed modified to conform to such statutory provision. <br /> XVIII. NOTICES <br /> Notices and other communications by and between the parties hereto shall be in writing, <br /> shall be personally delivered or sent by certified mail, return receipt requested, postage <br /> prepaid, and shall be deemed given when so delivered or received. All notices shall be <br /> addressed as follows: <br /> CITY: GRANTEE: <br /> Dave Koenig Mary Ellen Wood <br /> City of Everett Department of Planning The Interfaith Association of Snohomish County <br /> and Community Development P.O. Box 12824 <br /> 2930 Wetmore Avenue, Suite 8A Everett WA 98206-2824 <br /> Everett, WA 98201 <br /> Either party may change the address to which notices and other communications shall <br /> be sent, by notice to the other party in the manner and with the effect set forth in this <br /> Section XXIV. <br /> XIX. ASSIGNABILITY OF OBLIGATIONS <br /> 8 <br /> ,� <br /> w � <br />