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l <br /> 51.0 Workers Right to Know. <br /> "Right to Know" legislation required the Department of Labor and Industries to establish a <br /> program to make employers and employees more aware of the hazardous substances in their <br /> work environment. WAC 296-800-180 requires among other things that all <br /> manufacturers/distributors of hazardous substances, include completed Material Safety Data <br /> Sheets (MSDS) for each hazardous material with each delivery. Additionally, each container of <br /> hazardous material must be appropriately labeled with: the identity of the hazardous material, <br /> appropriate hazardous warnings, and the Name and Address of the chemical manufacturer, <br /> importer or other responsible party. <br /> Labor and Industries may levy appropriate fines against employers for noncompliance and <br /> agencies may withhold payment pending receipt of a legible copy of the MSDS. OSHA Form 20 <br /> is not acceptable in lieu of this requirement unless it is modified to include appropriate <br /> information relative to "carcinogenic ingredients: and "routes of entry" of the product(s) in <br /> question. <br /> 52. Miscellaneous Provisions. <br /> A. Amendments: No modification of this Contract shall be effective unless in writing and <br /> signed by the Mayor of the City, except as otherwise authorized herein. The City shall <br /> issue change notices to Contractor, and such notices shall take effect under the signature <br /> of the City unless written objection of the notice is received by the Contractor upon <br /> Contractor receipt of the change notice. <br /> B. Conflict: In the event of conflict between contract documents and applicable laws, <br /> codes, ordinances or regulations, the most stringent or legally binding requirement shall <br /> govern and be considered a part of this Contract to afford Everett the maximum benefits. <br /> C. Liens, Claims and Encumbrances: All materials, equipment, or services shall be free <br /> of all liens, claims or encumbrances of any kind and if Everett requests a formal release <br /> of same shall be delivered to Everett. <br /> D. Binding Contract: This Contract shall not be binding until signed by both parties. The <br /> provisions, covenants and conditions in this Contract shall bind the parties, their legal <br /> heirs, representatives, successors, and assigns. <br /> E. Applicable Law/Venue: This Contract shall be construed and interpreted in accordance <br /> with the laws of the State of Washington. The venue of any action brought hereunder <br /> shall be in the Superior Court for Snohomish County, Washington <br /> F. Remedies Cumulative: Rights under this Contract are cumulative and nonexclusive of <br /> any other remedy at law or in equity. <br /> G. Captions: All titles, including sections or subsections, are for convenience only and do <br /> not define or limit the contents. <br /> 32 of 34 <br /> 32 <br />