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AGREEMENT FOR LAKE MANAGEMENT pg. 6 <br />AND WATER QUALITY SERVICES <br />termination on a pro-rated basis. The City’s obligation to make such final payment to the <br />County shall survive the termination of this Agreement. <br />8. COMPLIANCE WITH LAWS <br />The City and the County shall at all times exercise their rights and perform their <br />respective obligations under this Agreement in full compliance with all applicable laws, <br />ordinances, rules and regulations of any public authority having jurisdiction. <br />9. INDEMNIFICATION <br />Each party to this Agreement shall indemnify, defend and hold the other party and its <br />agents, employees and contractors harmless from and against any and all costs, liabilities, suits, <br />losses, damages, claims, expenses, penalties or charges, including, without limitation, <br />reasonable attorneys’ fees and disbursements, that the other party may incur or pay out by <br />reason of: (i) any accidents, damages or injuries to persons or property occurring during the <br />Term of this Agreement, but only to the extent the same are caused by any negligent or <br />wrongful act of the indemnifying party; or (ii) any breach or Default (as such term is defined <br />in Section 10 below) of the indemnifying party under this Agreement. The provisions of this <br />Section 9 shall survive the expiration or earlier termination of this Agreement. <br />10. DEFAULT AND REMEDIES <br />If either party to this Agreement fails to perform any act or obligation required to be <br />performed by it hereunder, the party to whom such performance was due shall deliver written <br />notice of such failure to the non-performing party. The non-performing party shall have thirty <br />(30) days after its receipt of such notice in which to correct its failure to perform the act or <br />obligation at issue, after which time it shall be in default (“Default”) under this Agreement; <br />provided, however, that if the non-performance is of a type that could not reasonably be cured <br />within said thirty (30) day period, then the non-performing party shall not be in Default if it <br />commences cure within said thirty (30) day period and thereafter diligently pursues cure to <br />completion. In the event of a party’s Default under this Agreement, then after giving notice <br />and an opportunity to cure, the party to whom the performance was due shall have the right to <br />exercise any or all rights and remedies available to it at law or in equity. <br /> <br />11. PUBLIC DISCLOSURE LAWS <br /> <br />The City and the County each acknowledges, agrees and understands that the other <br />party is a public agency subject to certain disclosure laws, including, but not limited to <br />Washington’s Public Records Act, chapter 42.56 RCW. Each party understands that records <br />related to this Agreement and the County’s performance of Services under this Agreement may <br />be subject to disclosure pursuant to the Public Records Act or other similar law. Neither the <br />City nor the County anticipates that the performance of either party’s obligations under this <br />Agreement will involve any confidential or proprietary information. <br />