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r to or take other action with respect to anyconduct of <br /> 16. NON-WAIVER. Failure of either party to object <br /> the other party that may be a breach of this Agreement shall not be deemed a waiver of any breach or of <br /> any future breach of wrongful conduct. <br /> 17. SEPARABILITY. If any provision of this Agreement or its application to any person or circumstance is <br /> found to be invalid or unenforceable, the remainder of this Agreement or the application of that <br /> provision to other persons or circumstances shall not be affected and shall remain in full force and <br /> effect. <br /> 18. GOVERNING LAW. The validity, interpretation, and performance of this Agreement shall be <br /> governed by and construed under the laws of the state of New York, without giving effect to the <br /> conflict of laws principles thereof. <br /> 19. ENTIRE AGREEMENT. This Agreement, and the Benefit Plan Administrative Services, LLC(BPAS) <br /> Administrative Services Agreement between Client and BPAS,contains the entire understanding of the <br /> parties. Any oral understandings are incorporated and merged in this Agreement. No representations <br /> were made or relied upon by either party except as set forth. This Agreement may not be changed <br /> unless both Client and BPASFS agree to the change in writing. <br /> City of Everett VEBA Plan BPAS FIDUCIARY SERVICES,a branch of <br /> Hand Benefits&Trust Company <br /> 1 <br /> By; <br /> Faered---- By: / . <br /> Plan Sponsor <br /> Date: /��6/ -�` <br /> Date: i 0 ) b <br /> Grant agreement between BPAS Fiduciary Services and the City of Everett. <br /> CITY OF E TT <br /> CASSIE FRANKLIN,Mayor <br /> ATTEST: <br /> CITY CLERK <br /> APPROVED AS TO FORM: <br /> tA___40---- <br /> ITY ATTORNEY <br />