Laserfiche WebLink
7 <br /> the type of relief sought or demanded, such as money or injunctive relief, and irrespective <br /> of whether the damage alleged is bodily injury, damage to property, economic loss, <br /> general damages, special damages, or punitive damages. If, and to the extent, BCG <br /> employs or engages subconsultants or subcontractors, then BCG shall ensure that each <br /> such subconsultant and subcontractor (and subsequent tiers of subconsultants and <br /> subcontractors) shall expressly agree to defend and indemnify the City to the extent and <br /> on the same terms and conditions as BCG pursuant to this Section. <br /> 20. GENERAL PROVISIONS: <br /> A. Entire Agreement. This Agreement represents the entire understanding and <br /> agreement between the parties with respect to the subject matter hereof, and <br /> supersedes all other negotiations, understandings, and representations (if any) <br /> made by and between such parties. <br /> B. Written Amendments. The provisions of this Agreement may only be amended or <br /> supplemented in a writing signed by both parties. <br /> C. Further Amendments. The parties hereby agree from time to time to execute and <br /> deliver such further instruments and documents, and do all such other acts and <br /> things, which may be convenient or necessary to more effectively and completely, <br /> carry out the intentions of the Agreement. <br /> E. Compliance with Laws. BCG shall, at all times, operate, use, and conduct the <br /> business of the Facility in a lawful manner and in full compliance with all <br /> applicable governmental laws, ordinances, rules and regulations, including the <br /> American with Disabilities Act of 1990, all of City's financing obligations, all <br /> obligations under insurance policies for the Facility, and maintain all licenses and <br /> permits relating to the Facility, with City's full cooperation, in full force and <br /> effect and cooperate and endeavor to obtain all licenses and permits first required <br /> after the commencement of the term of this Agreement required in connection <br /> with the management, use, and operation of the Facility. <br /> E. Environmental Laws/Hazardous Substances. The City represents and warrants to <br /> BCG that there is no hazardous substance located thereon contrary to any local, <br /> state or federal law or regulation. The City has disclosed a potentially hazardous <br /> substance that may exist in conjunction with the Everett Smelter Site, Department <br /> of Ecology No. DE97TC-N119. The City agrees that it will not cause or permit in <br /> any manner, including accidental or non-negligent acts or emissions, release of <br /> any hazardous substance into or upon the Facility contrary to any local, state or <br /> federal law or regulation with respect hereto. The City shall notify BCG and the <br /> State Department of Ecology in writing of any such release. The City shall have <br /> full responsibility for completely cleaning up any and all contamination from such <br /> a release as may be required by any governmental agency and hold BCG harmless <br /> from any liability related thereto. <br /> BCG will not cause or permit in any manner, including accidental or non- <br /> negligent acts or emissions, release of any hazardous substance into or upon the <br /> Facility contrary to any local, state or federal law or regulation with respect <br /> 20 <br />