Resolution 4756 - Laserfiche WebLink

Port Gardner Bay Outfall Replacement Agreement added to K-C's insurance for the K-C Mill, and there is a resulting increase in K-C's premium, K-C may include the amount of any premium increase in the Annual O&M Budget. 19. INDEMNITY 19.1 Each Participant shall to the extent permitted by law indemnify, hold harmless and defend, at the election of the indemnitee, the other Participant from and against all costs, losses, claims for damages, liabilities and expenses, including but not limited to legal fees and court costs, arising out of its negligent acts or omissions or willful misconduct related to the joint Use Facilities or an uncured default under this Agreement. In the event of concurrent negligence, each Participant shall be responsible to third parties for its allocable share of fault, and shall indemnify the other Participant for its share of any concurrent negligence. 19.2 If a Participant causes the combined discharge to exceed or violate any applicable water quality requirement, that Participant shall be responsible for the cost or corrective actions, including the cost of any studies to identify or analyze the excess or violation. If such excess or violation is caused by piping and cooling water flow control systems at K-C's mill, K-C shall be responsible for any fines, costs, corrective expenses, and remedies. 20. CONDITION SUBSEQUENT The right of K-C to issue a notice to proceed to the construction contractor under Section 11.2, and the obligation of the City to pay K-C prior to the Completion Date under Section 5.2, is expressly conditioned on the issuance of water and sewer revenue bonds of the City to provide funds for such payment, together with an opinion of Preston Gates & Ellis LLP, or other bond counsel, to the effect that such bonds issued for such purpose are valid and binding obligations of the City payable from revenues of the City's water and sewer system. 37 of 46