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City of Everett 00 72 00 - 57 <br /> <br /> <br /> <br />00 72 00 - 57 GENERAL CONDITIONS <br />Cash disbursements journal. <br />Financial statements for all years reflecting the operations on this Contract. In addition, the <br />Owner may require, if it deems appropriate, additional financial statements for 3 years preceding <br />execution of the Contract and 3 years following Final Acceptance of the Contract. <br />Depreciation records on all company equipment whether these records are maintained by the <br />company involved, its accountant, or others. <br />If a source other than depreciation records is used to develop costs for the Contractor’s internal <br />purposes in establishing the actual cost of owning and operating equipment, all such other source <br />documents which support the amount of damages as to each Contract Claim. <br />Worksheets or software used to prepare the Contract Claim establishing the cost components for <br />items of the Contract Claim including but not limited to labor, benefits and insurance, materials, <br />equipment, Subcontractors, all documents which establish the time periods, individuals involved, <br />the hours for the individuals, and the rates for the individuals. <br />Worksheets, software, and all other documents used by the Contractor to prepare its Bid. The <br />employees or representatives of the Owner may audit these documents. The Contractor and its <br />Subcontractors shall provide adequate facilities acceptable to the Owner for the audit during <br />normal business hours. The Contractor and all Subcontractors shall cooperate with the Owner’s <br />auditors. <br />Correspondence, notes, and memoranda. <br />Job diaries. <br />18. MISCELLANEOUS <br />18.1 CONSTRUCTION <br />Contractor acknowledges that it has read the Contract Documents, understands them and agrees to be <br />bound by them. <br />18.2 APPLICABLE LAW AND CHOICE OF FORUM <br />This Contract and the parties' obligations hereunder shall be governed, construed, and enforced in <br />accordance with the laws of the State of Washington. The parties agree that Snohomish County, in the <br />State of Washington, shall be the proper forum for any action. <br />18.3 SEVERABILITY <br />In the event that any provision of the Contract Documents is held invalid, void, illegal or unenforceable, <br />the remainder of the Contract Documents shall not be impaired or affected thereby, and each term, <br />provision, and part shall continue in full force and effect. <br />18.4 HEADINGS FOR CONVENIENCE. <br />The section and subsection headings used herein are for referral and convenience only, and shall not be <br />used to construe or interpret the Contract Documents. <br />18.5 WAIVER <br />No waiver of one right or remedy shall act as a waiver of any other right or remedy or as a subsequent <br />waiver of the same right or remedy. The waiver by either party of any term or condition of this Contract <br />shall not be deemed to constitute a continuing waiver thereof nor of any further or additional right that <br />such party may hold under this Contract.