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City of Anacortes and Widener&Associates <br /> Contract 13-016-SEW-004 <br /> The Consultant shall give immediate written notice per Clause 27 Notices, of any action or suit <br /> filed and prompt notice of any claim made against the Consultant by any Sub-consultant or <br /> vendor that, in the opinion of the Consultant, may result in litigation related in any way to this <br /> contract, with respect to which the Consultant may be entitled to reimbursement from the City. <br /> 6. Invoicing. Each invoice shall include: <br /> All invoices shall include: Company Name, Invoice Date, Due Date (30 days), Invoice Number, <br /> Invoice Period, Project Title, Agreement Number and Price, or Amended Price. Invoices shall <br /> include actual hours worked by Period, by Labor Category. <br /> The City shall notify the Consultant within fifteen (15) calendar days from receipt of invoice if <br /> there are any objections or disputes with the invoice. The Consultant shall then resubmit a new <br /> invoice less the disputed amount and payment shall be made within 30 calendar days. Any <br /> disputed amounts may be submitted under the Disputes clause contained herein. <br /> 7. Ownership and Use of Documents. All finished and unfinished documents and material <br /> prepared by the Consultant with funds paid by the City pursuant to the terms of this Agreement <br /> shall become the property of the City and shall be forwarded to the City upon its request. <br /> Documents and materials shall include but not be limited to plans, specifications reports, <br /> electronic and non-electronic data, and other design documents prepared by the Consultant. <br /> Pursuant to RCW 42.56.70, all information and documents produced under this Agreement may <br /> be subject to public disclosure. <br /> 8. Defense and Indemnity Agreement. The Consultant shall defend, indemnify and hold the <br /> City, its appointed and elective officers, officials, employees and volunteers harmless from any <br /> and all claims, injuries including death at any time resulting there from, damages, losses or suits <br /> including attorney fees, arising out of or resulting from the acts, errors or omissions of the <br /> Consultant in performance of this Agreement, except for injuries and damages caused by the sole <br /> negligence of the City. <br /> Should a court of competent jurisdiction determine that this Agreement is subject to RCW <br /> 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or <br /> damages to property caused by or resulting from the concurrent negligence of the Consultant and <br /> the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall <br /> be only to the extent of the Consultant's negligence. It is further specifically and expressly <br /> understood that the indemnification provided herein constitutes the Consultant's waiver of <br /> immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification <br /> This waiver has been mutually negotiated by the parties. The provisions of this Clause shall <br /> survive the expiration or termination of this Agreement. <br /> 9. General and Professional Liability Insurance. <br /> A. Insurance Term <br /> The Consultant shall procure and maintain for the duration of the Agreement, insurance against <br /> claims for injuries to persons or damage to property which may arise from or in connection with <br /> the performance of the work hereunder by the Consultant, its agents, representatives, or <br /> employees. <br /> B. No Limitation <br /> Consultant's maintenance of insurance as required by the agreement shall not be construed to <br /> limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit <br /> the City's recourse to any remedy available at law or in equity. <br /> Page-2-of7 <br />