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13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation <br />provided for in this Agreement shall not constitute a waiver of any other provision. <br />14. Termination. <br />A. The City reserves the right to terminate this Agreement at any time by giving ten (10) <br />days written notice to the Consultant. <br />B. In the event of the death of a member, partner or officer of the Consultant, or any of its <br />supervisory personnel assigned to the project, the surviving members of the Consultant <br />hereby agree to complete the work under the terms of this Agreement, if requested to do <br />so by the City. This section shall not be a bar to renegotiations of this Agreement <br />between surviving members of the Consultant and the City, if the City so chooses. <br />15. A,• • licable Law- Venue- Attorne 's Fees. This Agreement shall be subject to, and the <br />Consultant shall at all times comply with, all applicable federal, state and local laws, <br />regulations, and rules, including the provisions of the City of Tukwila Municipal Code and <br />ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is <br />instituted to enforce any term of this Agreement, the parties specifically understand and <br />agree that venue shall be properly laid in King County, Washington. The prevailing party in <br />any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action <br />arising from or related to this Agreement shall be exclusively in King County Superior Court. <br />16. Severability and Survival. If any term, condition or provision of this Agreement is declared <br />void or unenforceable or limited in its application or effect, such event shall not affect any <br />other provisions hereof and all other provisions shall remain fully enforceable. The <br />provisions of this Agreement, which by their sense and context are reasonably intended to <br />survive the completion, expiration or cancellation of this Agreement, shall survive termination <br />of this Agreement. <br />17. Notices. Notices to the City of Tukwila shall be sent to the following address: <br />City Clerk <br />City of Tukwila <br />6200 Southcenter Boulevard <br />Tukwila, WA 98188 <br />Notices to Consultant shall be sent to the following address: <br />Carollo Engineers, Inc. <br />1218 Third Avenue, Suite 1600 <br />Seattle, WA 98101 <br />18. The Consultant shall not be responsible for warranties, guarantees, fitness for a particular <br />purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or <br />consequential damages to the City or any third party arising out of breach of contract, <br />termination, or for any other reason whatsoever. Additionally, the Consultant shall not be <br />responsible for acts and decisions of third parties, including governmental agencies, other <br />than the Consultant's subconsultants, that impact project completion and/or success. <br />19. Standard of Care. The Consultant shall perform the services required hereunder in <br />accordance with the prevailing industry standard of care by exercising the skill and ability <br />ordinarily required of engineers performing the same or similar services, under the same or <br />similar circumstances, in the State of Washington <br />20. City -Provided Information and Services. The City shall furnish the Consultant available <br />studies, reports and other data pertinent to the Consultant's services; obtain or authorize the <br />Consultant to obtain or provide additional reports and data as required; furnish to the <br />CA revised : 1-2013 <br />Page 4 <br />6 <br />