Resolution 5871 - Laserfiche WebLink

or construction of the City Work; provided, however, the foregoing does not and shall not limit the City's obligation under this Agreement to construct and complete the City Work as provided in this Agreement or any right of remedy on the part of OM for any breach of this Agreement by OM with respect to the City Work. Notwithstanding the foregoing, to the extent the City receives assignable warranties from third party contractors with respect to any City Work for which OM has or will have repair and maintenance responsibilities, the City will assign such warranties to OM. In addition, the City shall use its best efforts to require that the contracts with the firms retained by the City to design and construct the City Work include the warranties and other assurances that OM and the City separately acknowledged to be appropriate and acceptable prior to entering into this Agreement. 183 Coordination With OM Work The City will coordinate the City Work with the work being performed by OM and OM's contractors as required by this Agreement. OM will be given an opportunity to review and comment on the proposed plans and specifications for the City Work at preliminary and final document phases. OM recognizes that the City Work is subject to and will require compliance with applicable law, including but not limited to Chapter 39.04 RCW and such similar requirements. 18.4 Liability of City; City's Failure to Timely Perform Notwithstanding anything to the contrary contained herein subject to obtaining all necessary permits and approvals for the City Work in accordance with Development Review and subject to force majeure, if, after the scope of the City Work has been determined and permits have been issued in accordance with Development Review, and after receiving a written notice from OM of the City's nonperformance and a reasonable period of time within which to cure the nonperformance, the City fails to timely perform the City Work as and when required by this Agreement, then, as OM's sole and exclusive remedy: (i) OM shall be entitled to receive from the City damages in an amount equal to OM's actual reasonable costs incurred to complete the City Work (or to otherwise cause the City Work to completed) as set forth in this Agreement (plus an administrative overhead amount of 15%of such actual costs); provided, however, that in no circumstance shall the City be liable for any consequential damages, including, without limitation, any lost profits; and (ii) the City shall consent to OM having access to any portion of the City Property subject to an easement held by the City for the purpose of completing the portion of the City Work that the City has failed or refused to construct. 18.5 No Liens for City Work If the City Work is not a public work project, or if liens are filed on the City Property owned by OM as a result of the City Work and the City does not cause the liens to be removed within five (5) business days, then OM shall have the right to remove such liens by posting appropriate bonds and the City shall reimburse OM for all costs reasonably incurred in removing such liens (plus an administrative overhead amount of 15% of the premium cost of any such bond obtained by OM). -45- 06107.0063 LEGA LI3023969.I