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• <br /> D. Amendment. No amendment to this Agreement will be effective unless it is in <br /> writing and signed by the Mayor of the City and an authorized representative of Contractor. <br /> E. Waiver. No waiver of satisfaction of any condition or nonperformance of an <br /> obligation under this Agreement will be effective unless it is in writing and signed by the party <br /> granting the waiver,and no such waiver will constitute a waiver of satisfaction of any other <br /> condition or nonperformance of any other obligation. <br /> F. Severability. If any provision of this Agreement is unenforceable to any extent, <br /> the remainder of this Agreement(or the application of that provision to any persons or <br /> circumstances other than those as to which it is held unenforceable)will not be affected by that <br /> unenforceability and will be enforceable to fullest extent permitted by law. <br /> G. Attorneys Fees and Costs. The prevailing party in any action brought to enforce <br /> any obligations under this Agreement shall be entitled to recover from the non-prevailing party <br /> or parties an amount equal to the reasonable attorneys fees and costs incurred by the prevailing <br /> party, including without limitation any costs incurred on appeal or in any bankruptcy proceeding. <br /> H. Captions. The titles of sections are for convenience only and do not define or <br /> limit the contents. <br /> I. Negotiated Agreement. The parties acknowledge that this is a negotiated <br /> Agreement,that they have had the opportunity to have this Agreement reviewed by their <br /> respective legal counsel, and that the Agreement is not to be construed against any party on <br /> the basis of which party drafted the Agreement. <br /> J. Termination of this Agreement. This agreement shall become null and void <br /> in the event it is not approved by the City Council within 44 days of the mediation date(on <br /> or before January 29,2013). <br /> IN WITNESS WHEREOF, the City and Contractor have executed this Agreement as of the <br /> date first above written. <br /> • <br /> CITY: CITY OF EVERETT <br /> WASHINGTON <br /> By: <br /> Ray Stephanson, Mayor <br /> Date <br /> ATTEST: <br /> Sharon Fuller,City Clerk <br /> Date: <br /> Page 3 <br /> 92 <br />