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2003/03/14 Council Agenda Packet
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2003/03/14 Council Agenda Packet
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Council Agenda Packet
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3/14/2003
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5 <br /> 13. Everett shall have the authority to sell or dispose of animals after the time <br /> period provided in paragraph (7) above, if not claimed as provided in <br /> paragraph (8) above. If animals are sold, the proceeds of such sale shall <br /> belong to Everett. Any animal that is sold or disposed of by Everett shall <br /> be in accordance with all applicable state statutes and administrative <br /> codes. <br /> 14. Everett shall not sell or donate any animal delivered by Stanwood or any <br /> of their duly authorized representatives for the purpose of scientific <br /> research or testing. <br /> B. HOLD HARMLESS: <br /> 1. Stanwood shall protect, save harmless, indemnify, and defend, at its own <br /> expense, Everett, it elected and appointed officials, officers, employees, <br /> and agents from any loss or claim for damages of any nature whatsoever, <br /> arising out of the performance of this agreement including claims by <br /> Stanwood's employees or third parties, except for those damages solely <br /> caused by the negligence or willful misconduct of Everett, its elected or <br /> appointed officials, employees or agents. <br /> ?. Everett shall protect, save harmless, indemnify, and defend, at its own <br /> expense, Stanwood, its elected and appointed officials, officers, <br /> employees, and agents, from any loss or claim for damages of any nature <br /> whatsoever, arising out of the performance of this agreement including <br /> claims by Everett's employees or third parties, except for those damages <br /> solely caused by the negligence or willful misconduct of Stanwood, its <br /> elected or appointed officials, employees or agents <br /> 3. In the event of concurrent negligence between Stanwood and Everett, each <br /> party shall bear its proportionate responsibility based on degree of fault. It <br /> is expressly understood and agreed by the parties-hereto that no liability <br /> shall attach to Stanwood or to Everett by reason of entry into this <br /> agreement except as expressly provided herein. <br /> C. COMPENSATION AND BILLING: <br /> 1. In consideration of all services provided by Everett for Stanwood, <br /> Stanwood agrees to pay Everett within thirty(30)days of receipt of an <br /> invoice or statement from Everett, an administrative fee in the sum of <br /> forty-five dollars($45.00) per animal impounded for maintenance and <br /> operation costs and fifteen dollars($15.00) per animal for capital facility <br /> recovery charge according to the terms of this agreement. <br />
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