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5 <br /> • reasonable time after Holiday Inn Everett receives the auditor's report.The request must <br /> also provide prices for each water savings measure for which Holiday Inn Everett would <br /> like payment. If Holiday Inn Everett intends to contract with a third party for any or all of <br /> the measures, Holiday Inn Everett must obtain three competitive bids for such measures <br /> and provide the apparent lowest responsive, responsible bidder's prices in Holiday Inn <br /> Everett request to the City. If Holiday Inn Everett intends to perform the work itself, <br /> Holiday Inn Everett must include in its request a price for labor, equipment, materials and <br /> any other costs or expenses. <br /> 4.5 The City will review the request and may then approve payment for some or all of the <br /> cost of the measures. The City will decide in its sole discretion which measures and what <br /> percentage of the cost of such measures it will fund. Any work for measures performed <br /> prior to the City's decision to pay will be at Holiday Inn Everett sole risk. Decisions to <br /> pay for water savings measures will depend in part on the number of applicants and the <br /> availability of funds, and will be for equipment, labor and materials only. Such amount <br /> will only be paid after receipt of an invoice as provided in this agreement. The City will <br /> not pay for operations, maintenance, consulting fees, or capital costs other than as <br /> provided in this Agreement.The parties acknowledge that such payment is intended to be <br /> made only once, and future costs and expenses relating to the water savings measure will <br /> be the responsibility of Holiday Inn Everett, not the City. <br /> 4.6 An invoice for payment shall include the following: <br /> a. Copy of the request <br /> b. Copy of the audit report (if applicable) <br /> c. Copy of approval letter from the City <br /> d. Work Order number <br /> e. If Holiday Inn Everett hires a contractor to do the work,an itemized invoice from <br /> the contractor to Holiday Inn Everett. <br /> 5. LEGAL RELATIONS, INDEMNIFICATION AND LIABILITY <br /> 5.1 This Agreement does not modify or supersede existing laws and statutes. In meeting the <br /> commitments encompassed in this Agreement, all parties shall comply with the <br /> requirements of federal, state or local law. <br /> 5.2 The City shall hold harmless, indemnify, and defend, at its own expense, Holiday Inn <br /> Everett, its employees and agents, from any loss or claim for damages of any nature <br /> whatsoever, arising out of the City's performance of this Agreement, including claims by <br /> the City's employees or third parties, except for those damages solely caused by the <br /> negligence or willful misconduct of Holiday Inn Everett, its employees or agents. <br /> 5.3 Holiday Inn Everett shall hold harmless,indemnify,and defend at its own expense the <br /> City, its elected and appointed officials, officers, employees and agents, from any loss or <br /> claim for damages of any nature whatsoever, arising out of Holiday Inn Everett <br /> performance of this Agreement, including claims by Holiday Inn Everett employees or <br /> third parties, except those damages solely caused by the negligence or willful misconduct <br /> of the City, its elected and appointed officials, officers, employees or agents. <br /> 5.4 In the event of liability for damages of any nature whatsoever arising out of the <br /> performance of this Agreement by the City and Holiday Inn Everett, including claims by <br /> 20 <br />