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incurred by the City due to EWEB's Work activities, and any other extra costs <br /> incurred by the City due to EWEB's Work activities. <br /> 6. Identify unstable material to the lines and grades as determined by the City for <br /> subgrade stabilization due to EWEB's Work activities. <br /> 7. Perform trench backfill compaction testing by an independent lab as specified in the <br /> Project Specifications. Compaction test costs associated with the installation of <br /> EWER facilities shall be the responsibility of EWEB. <br /> 8. Install protective tree fencing to protect the area of the critical root zone outside of <br /> the immediate excavation area but within the Project area. <br /> AGREEMENT PROVISIONS <br /> No Third Party Beneficiaries: EWEB and City are the only parties to this agreement and <br /> are the only parties entitled to enforce its terms. Nothing. in this agreement gives or provides <br /> any benefit or right, whether. directly, indirectly, or otherwise, to third persons unless such <br /> third persons are individually identified by name in this agreement and expressly described <br /> as intended beneficiaries. <br /> Ownership of Work: The Parties agree that the water infrastructure constructed for this <br /> project is the property of EWEB. Nothing herein shall be construed as transferring any <br /> ownership or right of EWEB properfy to City or City's Contractor. <br /> Compliance with Applicable Law: The Parties agree to comply with all federal, state, and <br /> local laws applicable to the work under this agreement, and all regulations.. and <br /> administrative rules established pursuant to those laws. The City agrees that it will require <br /> <br /> - - its contractor to perform all-work-according to-all laws, rules, and local regulations and code. - - <br /> Indemnity and Hold Harmless. To the extent the law permits and in compliance with <br /> applicable Oregon Tort law, the parties agree to defend, hold harmless and indemnify the <br /> other, their officers, agents, and employees from all claims, suits, or actions of whatsoever <br /> nature resulting from or arising out of the activities of the Indemnity or Indemnity's <br /> Contractor or its officers, employees, subcontractors, or agents under this agreement. <br /> The Parties further agree to collaborate and cooperate with one another to resolve any and all <br /> disputes, claims, misunderstanding, or other conflicts that may arise as a result of the work <br /> referenced herein. <br /> Severability. If any term or provision of this agreement is declared by a court of competent <br /> jurisdiction in the state of Oregon to be illegal or in conflict with any law, the validity of the <br /> remaining terms and provisions shall not be affected, and the rights and obligations of the <br /> . parties shall be construed and enforced as if the agreement did not contain the particular <br /> term or provision held invalid. <br /> Merger Clause. This agreement constitutes the entire agreement between the parties. <br /> However, the Parties may, as needed, agree to other terms and conditions as they may <br /> arise. <br /> Force Majeure. Neither Party shall be liable for delays in the execution of its obligations <br /> due to causes beyond its reasonable control including but not limited to acts of God, fires, <br /> strikes, labor disturbances, floods, epidemics, quarantine restrictions, war, insurrection or <br /> <br />