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Hos Bros Construction 5/20/2024
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Hos Bros Construction 5/20/2024
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Last modified
5/21/2024 8:51:17 AM
Creation date
5/21/2024 8:51:01 AM
Metadata
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Template:
Contracts
Contractor's Name
Hos Bros Construction
Approval Date
5/20/2024
Council Approval Date
5/15/2024
Department
Legal
Department Project Manager
Tim Benedict
Subject / Project Title
OVER-PRESSURIZATION EVENT – FEBRUARY 3, 2023
Tracking Number
0004359
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Settlement Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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6 <br />10. Waiver. The waiver or indulgence of any breach or condition precedent of <br />this Settlement Agreement shall not be deemed or construed as a wavier of any other breach <br />or condition precedent; nor shall any breach or waiver of a condition precedent affect the <br />enforceability of the remainder of this Settlement Agreement. <br />11. Conferences Between the Parties. If and when the Parties are required by <br />this Settlement Agreement to confer regarding a matter, such conference shall be by <br />telephone, videoconference, or in person, unless the parties agree otherwise. <br />12. Survival. This Settlement Agreement shall survive the cessation of each <br />Party’s obligations hereunder. <br />13. Contract Integration. The Parties understand and agree that this <br />Settlement Agreement represents a fully integrated contract which supplants and fully <br />replaces any previous communication or writing between the Parties concerning the <br />settlement terms. <br />14. Amendments. No amendments, modifications, addenda, or revisions shall <br />be made to this Settlement Agreement unless mutually agreed to by the parties in writing. <br />15. Use of Titles. The Parties understand and agree that the titles in this <br />Settlement Agreement are for the purpose of organization only and are not to be used to <br />interpret the Settlement Agreement. <br />16. Severability. Should any part of this Settlement Agreement be deemed <br />unenforceable or substituted, the remaining parts of this Settlement Agreement shall <br />remain valid and enforceable by substituting terms as appropriate for the set-aside or <br />substituted part of the Settlement Agreement. <br />17. Attorney Fees and Costs. Each Party to this Settlement Agreement agrees <br />to carry the burden of its own attorney fees and costs, including the cost of any litigation <br />associated with the enforcement of the terms of this Settlement Agreement. <br />18. Governing Law and Venue. This Settlement Agreement shall be <br />construed, interpreted, applied, and governed under the laws of the State of Washington, <br />and exclusive jurisdiction and venue for any action related to this Settlement Agreement <br />shall lie in the state or federal courts located in or with jurisdiction over Snohomish County, <br />Washington. <br />19. Dispute Resolution. The Parties agree to work in good faith to resolve any <br />dispute that pertains to, arises from, or is associated with the Over-Pressurization Event, <br />this Settlement Agreement, and/or the Claims Adjustment Procedure. Should either Party <br />have a dispute, such Party shall contact the counter-Party’s Designee in writing (including <br />by email), providing sufficient facts and notice to enable the Parties to confer on the issues. <br />The Parties shall confer in good faith to resolve the dispute at least 30 days in advance of <br />the filing any lawsuit concerning the dispute. Regardless of the foregoing, disputes <br />concerning claims adjustment will be resolved in accordance with Section 4(c)(iv).
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