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between the City and Ecology dated April 2,2001,including the Decree's Restrictive Covenant <br /> dated January 14,2002 and final Cleanup Action Plan("CAP/CD")and shall perform all work in <br /> compliance with the PDA and CAP/CD and access agreement. <br /> B.Contractor,and its subcontractors,subconsultants,representatives and agents,will <br /> use its best efforts and professional judgment in the performance of all activities in,on,under,or <br /> relating to the Riverfront Property and shall use the degree of care and skill ordinarily exercised <br /> under similar circumstances by other experienced and skilled professionals performing <br /> comparable services. <br /> C.Contractor,and its subcontractors,subconsultants,representatives and agents, <br /> shall not perform any environmental sampling or testing on the Riverfront Property,consult with, <br /> report or provide copies of any sampling data to any third party or governmental agency without <br /> the City's,or Riverfront Property Owner's,prior review and consent,unless ordered to do so by a <br /> court of competent jurisdiction. Contractor shall ensure that any reports prepared by Contractor, <br /> subcontractors, subconsultants, or their representatives or agents, do not contain opinions, <br /> conclusions or recommendations regarding the reporting of any results to Ecology,EPA or other <br /> government agencies unless otherwise agreed by the City. <br /> D. Contractor shall designate a lead point of contact for coordinating site access <br /> issues. <br /> E.Contractor shall repair any damage caused by the act,omission or conduct of <br /> Contractor,subcontractors,subconsultants or agents and shall restore the Riverfront Property to <br /> as near the condition agreed to between the Contractor and the City prior to beginning the work. <br /> F. Contractor,and its subcontractors,subconsultants,representatives and agents, <br /> shall indemnify and hold the City harmless as provided in Section 10 of this agreement. <br /> G.Contractor,to the extent it employs or engages subcontractors or <br /> subconsunsultants,shall bind its subcontractors or subconsultants to abide by the requirements of <br /> Contractor's access agreement(s) with the City or Riverfront Property Owner and shall enforce <br /> the above-described obligations of the access agreements. <br /> 18. City of Everett Business License. Contractor agrees to obtain a City of Everett business <br /> license prior to performing any work pursuant to this Agreement. <br /> 19. State of Washington Requirements. Contractor agrees to register and obtain any State of <br /> Washington business licenses, Department of Revenue account and/or unified business identifier <br /> number as required by RCW 50.04.140 and 51.08.195 prior to performing any work pursuant to <br /> this Agreement. <br /> 20. Compliance with Federal,State, and Local Laws. Contractor shall comply with and obey <br /> all federal, state and local laws, regulations, and ordinances applicable to the operation of its <br /> business and to its performance of work hereunder. <br /> 21. Compliance with Grant Terms and Conditions. Contractor shall comply with any and all <br /> conditions, terms and requirements of any federal, state or other grant that wholly or partially <br /> funds Contractor's work hereunder. <br /> 22. Waiver. Any waiver by the Contractor or the City or the breach of any provisions of this <br /> Agreement by the other party will not operate, or be construed, as a waiver of any subsequent <br /> breach by either party or prevent either party from thereafter enforcing any such provisions. <br /> 23. Complete Agreement. This Agreement contains the complete and integrated understanding <br /> and Agreement between the parties and supersedes any understanding, Agreement or negotiation <br /> whether oral or written not set forth herein. <br /> 10 <br /> 1 4 <br />