Everett Law Association 12/3/2018

13. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and Agreements contained herein or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of such covenants, Agreements, or options and the same shall be and remain in full force and effect. 14. Resolutions of Disputes, Governing Law. Should any dispute, misunderstanding or conflict arise as to the terms or conditions contained in this Agreement,except for matters under Section 1.7 above, the matter shall be referred to the Agreement Administrator, whose decision shall be final. Provided, however, that any complaint regarding any violation of the Standards or which relate to any manner whatsoever to trial strategy or an ongoing case, shall be referred to the Judge of the City's Municipal Court or to the Washington State Bar Association as appropriate. Nothing herein shall be construed to obligate, require or permit the City, its officers, agents, or employees to inquire into any privileged communication between the Public Defender and any indigent defendant. In the event of any litigation arising out of this Agreement, the prevailing party shall be reimbursed for reasonable Public Defender's fees from the other party. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and the rules of the Washington Supreme Court as applicable. Venue for an action arising out of this Agreement shall be in Snohomish County Superior Court. 15. Public Defender Proposal. Public Defender shall comply with the terms of Public Defender's proposal in response to RFP #2018-048 dated on or about August 21, 2018, and the addendum thereto dated on or about September 4, 2018 (such proposal and addendum together, the "Proposal"), except to the extent that the Proposal conflicts with or imposes less stringent requirements on the Public Defender than this Agreement, in which case this Agreement controls. In no event does any provision of the Proposal: (1) impose on the City any liability, obligation, payment requirement,duty,or responsibility of any kind; (2)waive or limit any right the City may have under this Agreement or applicable law;or(3)release the Public Defender from any liability, obligation, duty, or responsibility under this Agreement or applicable law. [SIGNATURE PAGE FOLLOWS] 11