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from the contract price or consideration, or otherwise recover, the full amount of such fee,
<br />commission, percentage, brokerage fee, gift, or contingent fee.
<br />11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
<br />Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
<br />age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
<br />the presence of any disability, or any other protected class status under state or federal law,
<br />in the selection and retention of employees or 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 for convenience, at any time by
<br />giving ten (10) days written notice to the Consultant.
<br />B. In the event that this Agreement is terminated by the City for convenience, the Consultant
<br />shall continue to receive payment, for all Recovery received by the City, as outlined in
<br />Exhibit B. But, if this Agreement is terminated by the City due to material breach of this
<br />Agreement, the Consultant shall not be entitled to receive payment, for all Recovery
<br />received by the City, as outlined in Exhibit B.
<br />C. 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 between
<br />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 such
<br />action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising
<br />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 other
<br />provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
<br />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 />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 />Restorical Research, LLC
<br />ATTN: Benjamin S. Pariser, Principal
<br />CA revised May 2020
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