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City of Everett 00 72 00 - 55 00 72 00 - 55 GENERAL CONDITIONS 16. LAWS, REGULATIONS AND PERMITS 16.1 GENERAL The Contractor shall give the Notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the Work. The Contractor shall indemnify, defend, and save harmless the City (including its agents, officers, and employees) against any claims that may arise because the Contractor (or any employee of the Contractor or Subcontractor or material person) violated a legal requirement. The Contractor shall be liable for violations of same in connection with Work provided by the Contractor; and Contractor shall cooperate with all governmental entities regarding inspection of the Work and compliance with such requirements. If the Contractor observes that the Drawings, Specifications or other portions of the Contract Documents are at variance with any laws, ordinances, rules or regulations, he or she shall promptly notify the Owner's Representative in writing of such variance. The Owner will promptly review the matter and, if necessary, take appropriate action. Contractor agrees not to perform Work it knows, or in the exercise of ordinary care should know, to be contrary to any laws, ordinances, rules or regulations. 16.2 PERMITS AND LICENSES Unless otherwise specified, permits and licenses from governmental agencies, which are necessary only for and during the prosecution of the Work and the subsequent guarantee period, shall be secured by the Contractor and paid for by the Owner. Permits and licenses of regulatory agencies that are necessary to be maintained after expiration of the guarantee period will be secured and paid for by the Owner. The City of Everett Utilities Department has reviewed and commented on the Drawings in this Contract. If an erosion control plan is required, the Contractor shall submit an erosion control plan that depicts the best management practices that will be followed for erosion control. The Contractor may use the plans in this Contract. The fee for this permit will be waived by the City of Everett. Electrical permits can be obtained at: City of Everett 3200 Cedar Street – 2nd Floor Everett, WA 98201 Phone: 425/257-8800 16.3 PATENTS AND ROYALTIES Costs involved in fees, royalties, or claims for any patented invention, article, process or method that may be used upon or in a manner connected with the Work under this Contract or with use of completed Work by the Owner shall be paid by the Contractor. The Contractor and its sureties shall protect and hold the Owner, Owner’s Representative, and Owner's Representative, together with its officers, agents, and employees, harmless from any and all loss, defense cost, and expenses and against any and all demands made for such fees or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this Contract, the Contractor shall, if requested by the Owner, furnish acceptable proof of a proper release from all such fees or claims. Should the Contractor, its agent, employee or any of them be enjoined from furnishing or using any invention, article, material or plans supplied or required to be supplied or used under this Contract, Contractor shall promptly pay such royalties and secure requisite licenses; or, subject to acceptance by Owner, substitute other articles, materials, or appliances in lieu thereof that are of equal efficiency, quality, finish, suitability and market value to those planned or required under the Contract. Descriptive information of these substitutions shall be submitted to the Owner’s Representative for determination of general conformance to the design concept and the construction Contract. Should Owner elect to refuse the substitution, Contractor agrees to pay such royalties and secure such valid licenses as may be requisite for the Owner, its officers, agents and employees or any of them, to use such invention, article, material
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