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the disclosing party with advance written notice if reasonably possible such that the disclosing party <br /> is afforded an opportunity to contest the disclosure or seek an appropriate protective order. <br /> 8. GENERAL. This Agreement and any amendment hereto or thereto may be executed in two or more <br /> counterparts(including by facsimile or email attachment), each of which will be considered an original <br /> but all of which together will constitute one agreement. This Agreement shall not be deemed or <br /> construed to be modified, amended, or waived, in whole or in part, except as set forth herein or by a <br /> separate written agreement duly executed by the parties to this Agreement. No document, purchase <br /> order, or any handwritten or typewritten text which purports to alter or amend the printed text of this <br /> Agreement shall alter or amend any provision of this Agreement or otherwise control, unless Milliman <br /> and Client both specify in writing that such terms or conditions shall control. Neither party shall be <br /> liable for any delay or failure to perform due to causes beyond its reasonable control. Milliman and <br /> Client are independent contractors and this Agreement will not establish any relationship of <br /> partnership, joint venture, employment, franchise, or agency between Milliman and Client. Neither <br /> Milliman nor Client will have the power to bind the other or incur obligations on the other party's behalf <br /> without the other party's prior written consent, except as otherwise expressly provided in this <br /> Agreement. Failure to enforce any term or condition of this Agreement shall not be deemed a waiver <br /> of the right to later enforce such term or condition or any other term or condition of this Agreement. <br /> MILLIMAN, INC. CITY OF EVERETT <br /> By: r By: 41011111; <br /> Name: Daniel Wade Name: e ( le-Lr A <br /> Title: Principal Title: Vikko <br /> Date: March 14, 2019 Date: 874'7( 7 <br /> ST: <br /> 1411/ <br /> - <br /> City Clerk <br /> APP'OVED AS TO Fs;M <br /> //i/. - <br /> wasp,ILE ,Clty •ttorney <br /> Milkman <br />