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5 <br /> and as to all duties,activities and requirements by TC Technology in performance of the Work <br /> and TC Technology shall assume exclusive liability therefore,and meet all requirements <br /> thereunder pursuant to any rules or regulations that are now or may be promulgated in connection <br /> therewith. <br /> 16 EMPLOYMENT <br /> TC Technology warrants that it had not employed or retained any company or person,other than <br /> a bona fide employee working solely for TC Technology,to solicit or secure this Agreement and <br /> that he has not paid or agreed to pay any company or person,other than a bona fide employee <br /> working solely for TC Technology, any fee,commission,percentage,brokerage fee,gifts,or any <br /> other consideration,contingent upon or resulting from the award or making of this Agreement. <br /> For breach or violation of this warranty,the City shall have the right to annul this Agreement <br /> without liability or,in its discretion,to deduct from the Agreement price or consideration or <br /> otherwise recover,the full amount of such fee,commission,percentage,brokerage fee,gift,or <br /> contingent fee. <br /> TC Technology,with regard to the work performed by it,will not discriminate on the grounds of <br /> race,religion,color,national origin,or sex in the selection and retention of employees or <br /> independent contractors,including procurements of materials and leases of equipment. <br /> 17 MISCELLANEOUS <br /> 17.1 Addresses <br /> Any statement,notice,request or other communication hereunder shall be deemed to be <br /> sufficiently given to the addressee and any delivery hereunder deemed made when sent by <br /> certified mail addressed to the following addresses: <br /> A. Notices to the City of Everett shall be sent to the following address: <br /> City of Everett <br /> Attn:Brent Linder <br /> 3200 Cedar Street <br /> Everett,WA 98201 <br /> B. Notices to TC Technology shall be sent to the following address: <br /> TC Technology <br /> 2231 Faraday Avenue Suite 140 <br /> Carlsbad,CA 92008 <br /> 17.2 Construction <br /> Each party acknowledges that it has read this Agreement,understands it and agrees to be bound <br /> by its terms.Each party acknowledges that the Agreement should not be strictly construed <br /> against one party or the other,but interpreted reasonably and fairly so as to give effect to the <br /> manifest intentions of the parties. <br /> Page 10 <br /> n <br /> ;, <br />