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City of Everett 00 72 00 - 55
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<br />00 72 00 - 55 GENERAL CONDITIONS
<br />harmless the City (including its agents, officers, and employees) against any claims that may arise
<br />because the Contractor (or any employee of the Contractor or Subcontractor or material person) violated a
<br />legal requirement. The Contractor shall be liable for violations of same in connection with Work
<br />provided by the Contractor; and Contractor shall cooperate with all governmental entities regarding
<br />inspection of the Work and compliance with such requirements. If the Contractor observes that the
<br />Drawings, Specifications or other portions of the Contract Documents are at variance with any laws,
<br />ordinances, rules or regulations, he or she shall promptly notify the Owner's Representative in writing of
<br />such variance. The Owner will promptly review the matter and, if necessary, take appropriate action.
<br />Contractor agrees not to perform Work it knows, or in the exercise of ordinary care should know, to be
<br />contrary to any laws, ordinances, rules or regulations.
<br />16.2 PERMITS AND LICENSES
<br />Unless otherwise specified, permits and licenses from governmental agencies, which are necessary only
<br />for and during the prosecution of the Work and the subsequent guarantee period, shall be secured by the
<br />Contractor and paid for by the Owner. Permits and licenses of regulatory agencies that are necessary to
<br />be maintained after expiration of the guarantee period will be secured and paid for by the Owner.
<br />The City of Everett Utilities Department has reviewed and commented on the Drawings in this Contract.
<br />If an erosion control plan is required, the Contractor shall submit an erosion control plan that depicts the
<br />best management practices that will be followed for erosion control. The Contractor may use the plans in
<br />this Contract. The fee for this permit will be waived by the City of Everett.
<br />Electrical permits can be obtained at:
<br />City of Everett
<br />3200 Cedar Street – 2nd Floor
<br />Everett, WA 98201
<br />Phone: 425/257-8800
<br />16.3 PATENTS AND ROYALTIES
<br />Costs involved in fees, royalties, or claims for any patented invention, article, process or method that may
<br />be used upon or in a manner connected with the Work under this Contract or with use of completed Work
<br />by the Owner shall be paid by the Contractor. The Contractor and its sureties shall protect and hold the
<br />Owner, Owner’s Representative, and Owner's Representative, together with its officers, agents, and
<br />employees, harmless from any and all loss, defense cost, and expenses and against any and all demands
<br />made for such fees or claims brought or made by the holder of any invention or patent. Before final
<br />payment is made on the account of this Contract, the Contractor shall, if requested by the Owner, furnish
<br />acceptable proof of a proper release from all such fees or claims.
<br />Should the Contractor, its agent, employee or any of them be enjoined from furnishing or using any
<br />invention, article, material or plans supplied or required to be supplied or used under this Contract,
<br />Contractor shall promptly pay such royalties and secure requisite licenses; or, subject to acceptance by
<br />Owner, substitute other articles, materials, or appliances in lieu thereof that are of equal efficiency,
<br />quality, finish, suitability and market value to those planned or required under the Contract. Descriptive
<br />information of these substitutions shall be submitted to the Owner’s Representative for determination of
<br />general conformance to the design concept and the construction Contract. Should Owner elect to refuse
<br />the substitution, Contractor agrees to pay such royalties and secure such valid licenses as may be requisite
<br />for the Owner, its officers, agents and employees or any of them, to use such invention, article, material
<br />or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on
<br />account thereof.
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