2005/07/06 Council Agenda Packet

5 9. MISCELLANEOUS 9.1 Audits and Inspections At any time during normal business hours and as often as the City may deem necessary, Concessionaire shall make available to the City for the City's examination all of Concessionaire's books, records and documents with respect to all matters covered by this Agreement and, furthermore, Concessionaire will permit the City to audit, examine and make copies, excerpts or transcripts from such records, and to audit all contracts, invoices,materials, deposits,receipts, tax returns and other data relating to all matters covered by this Agreement. 9.2 City of Everett Business License Concessionaire shall obtain a City of Everett business license prior to performing any work pursuant to this Agreement. 9.3 State of Washington Requirements Concessionaire shall register and obtain any State of Washington business licenses,Department of Revenue account and/or unified business identifier number as required by RCW 50.04.140 and 51.08.195 prior to performing this Agreement. 9.4 Compliance with Federal, State, and Local Laws Concessionaire shall comply with and obey all federal, state, and local laws, regulations, and ordinances applicable to the operation of its business and to its performance of work hereunder. 9.5 Subletting/Assignment of Contracts Concessionaire shall not sublet or assign any of the Work without the express,prior written consent of the City. 9.6 Waiver Any waiver by Concessionaire or the City or the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. 9.7 Complete Agreement This Agreement contains the complete and integrated understanding and Agreement between the parties and supersedes any understanding,Agreement or negotiation whether oral or written not set forth herein. Page 8