|
1
<br /> 9. City Review/Approval. Upon submittal of any report or other information required by the
<br /> scope of services to be performed, the City may, following review by the City, accept such work
<br /> or reject it, or request such modification or additions as it deems appropriate.
<br /> 10. Hold Harmless. The Contractor shall assume the risk of, be liable for, and pay all
<br /> damage, loss, cost and expense of any party, including any of its employees, arising out of the
<br /> performance of this contract, except that caused by negligence and/or willful misconduct solely
<br /> of the City and its employees acting within the scope of their employment. The Contractor shall
<br /> hold harmless from and indemnify the City against all claims, losses, suits, actions, costs,
<br /> counsel fees, litigation costs, expenses, damages,judgments, or decrees by reason of damage
<br /> to any property or business and/or any death, injury or disability to or of any person or party,
<br /> including any employee, arising out of or suffered, directly or indirectly, by reason of or in
<br /> connection with the performance of this contract or any act, error or omission of the contractor,
<br /> contractor's employees, agents or subcontractors, whether by negligence or otherwise. The
<br /> Contractor's obligation shall include, but not be limited to investigating, adjusting, and defending
<br /> all claims alleging loss from action, error or omission, or breach of any common law, statutory or
<br /> other delegated duty by the Contractor, Contractor's employees, agents, or subcontractors.
<br /> 11. Compliance with Laws. The Contractor shall comply with all applicable federal, state
<br /> and local laws, rules, and regulations in performing this contract.
<br /> 12. Termination. The City reserves the right to terminate this contract upon thirty (30) days
<br /> written notice to the Contractor if the City determines that the original intent is not being fulfilled
<br /> or if the City determines that termination serves the purpose of the City. If termination is based
<br /> upon a breach of this Agreement by Contractor, the City shall have the right to recover all
<br /> amounts paid by the City under Section 4.
<br /> 13. Non-assignment. The Contractor shall not sublet or assign any of the rights, duties, or
<br /> obligations covered by this Agreement without the prior express written consent of the City.
<br /> 14. Conflicts Between Attachments and Text. Should any conflicts exist between any
<br /> attached exhibit or schedule and the text of this Agreement, the text shall prevail.
<br /> 15. Entire Agreement. This agreement, including Appendices, contains the entire
<br /> Agreement of parties regarding the subject matter described herein, and all other promises,
<br /> representations, understandings, arrangements and prior agreements related thereto are
<br /> merged hereinand superseded hereby.
<br /> 16. Governing Law and Venue. The laws of the State of Washington shall govern this
<br /> agreement and any lawsuit regarding this contract must be brought in Snohomish County,
<br /> Washington.
<br /> 17. Severability. Should any clause, phrase, sentence or paragraph of this agreement be
<br /> declared invalid or void, the remaining provisions of this agreement shall remain in full force and
<br /> effect.
<br /> 18. Effective Date. This agreement is effective upon signature by both Client and
<br /> Contractor.
<br /> Signed:
<br /> 3
<br />
|