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CITY OF EVERETT SPECIAL PROVISIONS <br />3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 <br />WO No – UP3775 SP – 131 <br />ADD NEW SECTION 1-11 <br />1-11 MISCELLANEOUS <br />(******) <br />1-11.1 Construction <br />Contractor acknowledges that it has read the Contract Documents, understands them and <br />agrees to be bound by them. <br />1-11.2 Applicable Law and Choice of Forum <br />This Contract and the parties' obligations hereunder shall be governed, construed, and <br />enforced in accordance with the laws of the State of Washington. The parties agree that <br />Snohomish County Superior Court, in the State of Washington, shall be the exclusive forum <br />for any action. <br />1-11.3 Severability <br />In the event that any provision of the Contract Documents is held invalid, void, illegal or <br />unenforceable, the remainder of the Contract Documents shall not be impaired or affected <br />thereby, and each term, provision, and part shall continue in full force and effect. <br />1-11.4 Headings for Convenience <br />The section and subsection headings used herein are for referral and convenience only, and <br />shall not be used to construe or interpret the Contract Documents. <br />1-11.5 Waiver <br />No waiver of one right or remedy shall act as a waiver of any other right or remedy or as a <br />subsequent waiver of the same right or remedy. The waiver by either party of any term or <br />condition of this Contract shall not be deemed to constitute a continuing waiver thereof nor <br />of any further or additional right that such party may hold under this Contract. <br />1-11.6 City of Everett Business License <br />Contractor and Contractor’s Subcontractors shall have a City of Everett business license <br />prior to performing any Work pursuant to this Agreement. <br />1-11.7 Compliance with Federal, State and Local Laws <br />Contractor shall comply with and obey all federal, state and local laws, regulations, and <br />ordinances applicable to the operation of its business and to its performance of Work <br />hereunder. If, and to the extent, this Contract receives financial assistance from federal, state <br />or private agencies, Contractor shall comply with all terms and conditions prescribed for third <br />party contracts in the grant and all said terms and conditions shall be deemed incorporated <br />in the Contract Documents. Terms and conditions of any such grant take precedence over <br />conflicting terms and conditions in the Contract Documents. <br />1-11.8 Complete Agreement <br />These Contract Documents contain the complete and integrated understanding and <br />Agreement between the parties and supersedes any understanding, agreement or <br />negotiation, whether oral or written, not set forth herein. <br />1-11.9 Successors Bound <br />The grants, covenants, provisions and claims, rights, powers, privileges and liabilities <br />contained in the Contract Documents shall be read and held as made by and with, and <br />granted to and imposed upon, the Contractor and the City and their respective heirs, <br />executors, administrators, successors and assigns.