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AMENDMENT NO.1 <br /> TO <br /> PROFESSIONAL SERVICES AGREEMENT <br /> This Amendment No. 1 is dated for reference purposes June 26,2020. It is by and <br /> between the City of Everett("City"), CHS Engineers,LLC ("Old Service Provider")and <br /> David Evans and Associates,Inc. ("DEA")("New Service Provider"). <br /> RECITALS <br /> A The City and Old Service Provider are parties to a Professional Services <br /> Agreement dated as of May 4,2020(the"Agreement"). <br /> B. The City, Old Service Provider and New Service Provider desire to amend <br /> the Agreement so that the Agreement is assigned to and assumed by New Service Provider. <br /> AGREEMENT <br /> The City,Old Service Provider,and New Service Provider agree as follows: • <br /> 1. Effective Date. This Amendment is deemed effective as of June 26, 2020 <br /> (the"Effective Date"),regardless of the dates on which this Amendment is signed by the <br /> parties. <br /> 2. Assignment. As of the Effective Date,Old Service Provider assigns to New <br /> Service Provider all of Old Service Provider's right,title and interest in the Agreement. <br /> New Service Provider accepts this assignment. <br /> 3. Assumption. As of the Effective Date, New Service Provider undertakes <br /> and agrees to assume, perform, and discharge, all of Old Service Provider's liabilities, <br /> debts,and obligations under the Agreement in all respects as if New Service Provider were <br /> a signatory of the Agreement. <br /> • <br /> 4. Consent. As of the Effective Date,the City consents to the assignment and <br /> assumption contained in this Amendment. <br /> 5. Governing Law. This Amendment is governed by Washington law. The <br /> sole forum for all litigation arising from or relating to this Assignment Agreement is <br /> Snohomish County Superior Court. <br /> 6. Signature. At the sole discretion of the City, the City may consent to the <br /> signatures of Old and New Service Provider on this Amendment being by email,fax,pdf or <br /> • other electronic means,in which case each such Service Provider signature will be deemed <br /> an original signature for all purposes. The City will be deemed to have given such consent <br /> effective upon execution of this Amendment by the Mayor of the City. <br /> 7. Agreement Remains. All provisions in the Agreement shall remain in effect <br /> except as expressly modified by this Amendment. Regardless of the date(s)on which this <br />