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10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
<br />retained any company or person, other than a bonafide employee working solely for the
<br />Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
<br />company or person, other than a bonafide employee working solely for the Consultant, any
<br />fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
<br />or resulting from the award or making of this contract. For breach or violation of this warrant,
<br />the City shall have the right to annul this contract without liability, or in its discretion to
<br />deduct from the contract price or consideration, or otherwise recover, the full amount of such
<br />fee, commission, percentage, brokerage fee, gift, or contingent fee.
<br />11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
<br />this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
<br />origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
<br />affiliation or the presence of any disability in the selection and retention of employees or
<br />procurement of materials or supplies.
<br />12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
<br />Agreement without the express written consent of the City.
<br />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. Applicable Law; Venue; Attorney'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 agree
<br />that venue shall be properly laid in King County, Washington. The prevailing party in any
<br />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 provisions
<br />of this Agreement, which by their sense and context are reasonably intended to survive the
<br />completion, expiration or cancellation of this Agreement, shall survive termination of this
<br />Agreement.
<br />CA revised : 1-2013
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