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from its Contractor. <br /> 3. The City will assure that the work being performed is in accordance with BOLL Prevailing <br /> Wage Rates or Davis-Bacon Wage Rates whichever may apply. <br /> Indemnity and Hold Harmless. To the extent the law permits and in compliance with applicable <br /> Oregon Tort law, the parties agree to defend, hold harmless and indemnify the other, their officers, <br /> <br /> ~ agents, and employees from all claims, suits, or actions of whatsoever nature resulting from or <br /> arising out of the activities of the Indemnity or Indemnity's Contractor or its officers, employees, <br /> 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 remaining <br /> terms and provisions shall not be affected, and the rights and obligations of the parties shall be <br /> construed and enforced as if the agreement did not contain the particular term or provision held <br /> invalid. <br /> Merger Clause. This agreement constitutes the entire agreement between the parties. However, <br /> the Parties may, as needed, agree to other terms and conditions as they may arise. <br /> Confidentially: To the extent possible under- Oregon Public Records Law, the terms of this <br /> agreement will remain confidential between the parties. Before releasing any information about <br /> EWEB property, City will consult with EWEB that the information requested is not sensitive and/or <br /> protected by the federal Homelands Security Act. <br /> Payment: EW EB will reimburse the City for the cost of the work completed and agreed upon within <br /> each contract after final inspection and acceptance of the work by EWEB. Payment will be issued <br /> via a purchase order provided to the City upon acceptance of the work by EWEB, and receipt of an <br /> invoice submitted by the City. <br /> Termination of Agreement: Either the City or EWEB may terminate this agreement for any reason, <br /> given 30 day written notice. All contracts executed prior to the day of termination will be honored <br /> under the terms of the agreement. <br /> THIS AGREEMENT and any amendments to this Agreement will not be effective until authorized by <br /> EWER. <br /> Eugene Water & Electric Board City of Eugene <br /> Wat r Division Director e n i 5 I <br /> I ~ U '1~ d <br /> Date D to <br /> Project Manager <br /> Date <br /> <br />