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2007/02/28 Council Agenda Packet
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2007/02/28 Council Agenda Packet
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Council Agenda Packet
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2/28/2007
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9 <br /> III. FINANCIAL <br /> A. Sultan agrees to pay Everett within thirty(30) days of receipt of an invoice or <br /> statement from Everett, all fees incurred pursuant to this Agreement including an <br /> administrative fee in the sum Ninety-Seven Dollars ($97) per animal impounded for <br /> maintenance and operation costs. <br /> B. Everett may adjust the fee charged per animal on an annual basis to be effective <br /> on January 1 of each calendar year. If Everett intends to adjust said fees, it will give <br /> Sultan at least ninety(90) days written notice of its intent to do so. <br /> C. Everett must maintain adequate records to support billings for a period of five(5) <br /> years after completion of this contract by Everett. Sultan or any of its duly authorized <br /> representatives shall have access to any books, documents, or papers and records of <br /> Everett which are directly related to this contract for the purposes of audit <br /> examinations. <br /> IV. TERMINATION <br /> Either party may terminate this Agreement by sixty days' written notice to the other <br /> party. <br /> V. INDEMNIFICATION <br /> A. Each party agrees to defend and indemnify the other party from any and all <br /> Claims arising out of, in connection with, or incident to its conduct relating to this <br /> Agreement. A party shall not indemnify the other party for the other party's sole <br /> negligence. If a claim is caused by or results from the conduct of both parties, each <br /> party shall be responsible to the extent of its fault. <br /> B. As used in this paragraph, "Claims" include,but are not limited to, any and all <br /> losses, claims, demands, expenses (including, but not limited to, attorney's fees and <br /> litigation expenses), suits,judgments, or damage, irrespective of the type of relief <br /> sought or demanded, such as money or injunctive relief, and irrespective of whether <br /> the damage alleged is bodily injury, damage to property, economic loss, general <br /> damages, special damages, or punitive damages. "Party" includes employees, <br /> officials, representatives, and elected officials. <br /> VI. MISCELLANEOUS <br /> A. Notice Addresses. Any statement,notice,request or other communication <br /> hereunder shall be deemed to be sufficiently given to the addressee and any delivery <br /> hereunder deemed made when sent by certified mail addressed to the following <br /> addresses: <br /> Notices to the City of Everett shall be sent to the following address: <br /> 67 <br /> Page 3 of 5 <br />
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