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publish, translate, reproduce, deliver, perform, dispose of, and to authorize others so to <br /> do, all data now or hereafter covered by copyright, PROVIDED, that with respect to data <br /> not originated in the performance of this Loan Agreement, such license shall be only to <br /> the extent that the Agency has the right to grant such license without becoming liable to <br /> pay compensation to others because of such grant. The Agency shall exert all reasonable <br /> effort to advise the City, at the time of delivery of data furnished under this Loan <br /> Agreement, of all invasions of right of privacy contained therein and of all portions of such <br /> data copied from work not composed or produced in the performance of this Loan <br /> Agreement and not licensed under this clause. The Agency shall report to the City <br /> promptly, and in written detail, each notice of claim of copyright infringement received by <br /> the Agency with respect to all data delivered under this Loan Agreement. The Agency <br /> shall not affix any restrictive markings upon any data, and if such markings are affixed, the <br /> City shall have the right at any time to modify, remove, obliterate, or ignore such markings. <br /> E. Evaluation <br /> The Agency agrees to participate with the City in any evaluation or audit of the Project <br /> conducted by the City or HUD, and to make available all information in its possession <br /> relevant to such evaluation or audit. <br /> F. Severability <br /> It is understood and agreed by the parties hereto that if any part, term, or provision of this <br /> Agreement is held by a court to be invalid or void, the validity of the remaining provisions <br /> shall not be affected, and the rights and obligations of the parties shall remain in full force <br /> and effect and shall be construed and enforced as if the Loan Agreement did not contain <br /> the particular provision held to be invalid. <br /> If it should appear that any provision hereof is in conflict with any statute or ordinance of <br /> the United States, the State of Washington, or the City of Everett, said provision which <br /> may conflict therewith shall be deemed modified to conform to such statutory provision. <br /> G. Entire Agreement— Modification <br /> This Loan Agreement constitutes the entire agreement between the parties as to the <br /> subject matter hereof and supersedes all prior discussions and understandings between <br /> them. This Agreement may not be amended or modified in any manner except by an <br /> instrument in writing signed by a duly authorized officer or representative of each of the <br /> parties hereto. The City and the Agency agree that this Loan Agreement shall be modified <br /> if necessary to achieve compliance with HUD requirements. <br /> H. Notices <br /> Written notices and other written communications by and between the parties hereto shall <br /> be in writing, shall be personally delivered or sent by certified mail, return receipt <br /> requested, postage prepaid, and shall be deemed given when so delivered or received. <br /> All notices shall be addressed as follows: <br /> COUNTY: AGENCY: <br /> City of Everett Housing Hope Properties <br /> Loan Agreement <br /> Housing Hope Properties <br /> Page 47 of 51 <br />