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F.Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the <br /> event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent <br /> actions in the event of future breaches. <br /> G.Relationship of the Parties. The relationship of CorVel and Licensee established by this Agreement is that of independent <br /> contractors,and nothing contained in this Agreement shall be construed(i)to give either party the power to direct or control the day- <br /> to-day activities of the other,or(ii)to constitute the parties as partners,franchisee-franchiser,joint venturers,co-owners or otherwise <br /> as participants in a joint or common undertaking,or otherwise give rise to fiduciary obligations between the parties. <br /> H.Force Majeure. Except for the obligation to make payments,nonperformance by either party shall be excused to the extent <br /> that performance is rendered impossible by war, acts of terrorism, strikes, fire,flood,governmental acts or orders or restrictions, <br /> failure of suppliers,or any other reason where failure to perform is beyond the control of the non-performing party. <br /> I. Entire Agreement. This Agreement constitutes the entire,final, complete and exclusive agreement between the parties <br /> and supersedes all previous agreements or representations,oral or written,relating to the subject matter of this Agreement. This <br /> Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party. Both parties <br /> acknowledge having read the terms and conditions set forth in this Agreement and all attachments hereto,understand all terms and <br /> conditions,and agree to be bound thereby. <br /> J. Counterparts. This Agreement may be executed in two counterparts,each of which shall be an original and together shall <br /> constitute one and the same instrument. <br /> IN WITNESS WHEREOF,the parties by their duly authorized representatives have executed this Agreement as of the Effective <br /> Date set forth above. <br /> CORVEL ENTERPRISE COMP,INC. CITY OF EVERET WA <br /> By: / ' By: <br /> Name: /fk ���/ Name: ML_Ct: \Q—Z tG),\.\/\..\.vx <br /> Title: ��/(j1�1�' Title: ` `CX.f O'r <br /> Date: 6/1/18 Date: <br /> A'PROVED AS TO iRM <br /> _ <br /> . G.iLES,City Attorney <br /> T ' ST: <br /> City Cler <br /> City of Everett WA CareMC License Agreement with My Care App 6-1-18 <br />