2023-03-14-minutes-solid-waste-and-maintenance

Home Browse Search

Owner to continue any payments required under this Contract. All affected future rights and liabilities of the parties hereto shall thereupon cease within thirty (30) days after notice to ESCO. The Owner shall remain liable for all of its rights and liabilities that have accrued prior to the expiration of the thirty (30) day period. Section 25.2. Waiver of Claims/Liens. ESCO shall obtain and furnish, to the Owner, a Waiver of Claims or Liens from each vendor, material manufacturer and laborer in the supply, installation and servicing (pre -acceptance only) of each piece of Equipment. Section 25.3. Compliance with Law and Standard Practices. ESCO shall perform its obligations hereunder in compliance with any and all applicable federal, state, and local laws, rules, and regulations, in accordance with sound engineering and safety practices and in compliance with any and all rules and policies of Owner relative to the Premises. ESCO shall be responsible for obtaining all governmental permits, consents, and authorizations as may be required to perform its obligations hereunder. Failure in this Contract to specifically identify any applicable law does not affect its applicability. Section 25.4. Independent Capacity of the Contractor. It is distinctly and particularly understood and agreed between the parties hereto that the Owner is in no way associated with the employment of labor or the incurring of expenses by ESCO. Said ESCO is an independent contractor in the performance of each and every part of this Contract, and solely and personally liable for all labor and related expenses. Section 25.5. Severability. In the event that any clause or provision of this Contract or any part thereof shall be declared invalid, void, or unenforceable by any court having jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this Contract unless the result would be manifestly inequitable or unconscionable. Section 25.6. Complete Contract. This Contract, when executed, together with all Schedules, Exhibits and Appendices attached hereto or to be attached hereto, as provided for by this Contract shall constitute the entire Contract between both parties and this Contract may not be amended, modified, or terminated except by a written amendment signed by the parties hereto. Section 25.7. Further Documents. The parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Contract. Section 25.8. Applicable Law. This Contract shall be construed in accordance with, and governed by the laws of the state where the work is performed. Venue shall be in the county where the work is performed. Section 25.9. Notice. All notices to McKinstry shall be written, shall be sent via certified mail or a national courier service or personally delivered, shall consist of one original to Attn: General Counsel, McKinstry, 5005 3`d Ave. S., Seattle, WA 98134, and one original to the primary McKinstry contact for the Work, and shall be deemed delivered when received by the General Counsel. ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 23