92-147 - City of Seattle - South 160th & 42nd to 51st Avenue South Improvements

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. VII. PAYMENT changes it wishes to make to the plans and specifications that affect Seattle Work, which changes shall be made, if feasible. Tukwila will notify Seattle of any changes required by Tukwila that substantially change the nature of Seattle Work and will obtain Seattle's approval of such changes. A. Seattle shall reimburse Tukwila for all costs reasonably incurred by Tukwila in performing the Seattle Work, which costs shall include but not be limited to: 1. The contract price, as adjusted by change orders agreed to by Seattle, to perform the Seattle Work; 2. Tukwila's internal costs (i.e., all engineering, administrative, inspection services costs, and all payroll additives) directly attributable to Seattle Work. B. All payments shall be due within 30 days of the billing date, and when due shall accrue simple interest at the rate of one percent per month, if unpaid. VIII.INDEMNIFICATION AND HOLD HARMLESS Tukwila and Seattle each agrees to indemnify and hold the other, its officers, agents, and employees harmless from all claims arising out of the Seattle Work (including demands, suits penalties, losses, damages or costs of any kind whatsoever, including reasonable attorney fee), but only to the extent that such a claim arises out of, or is caused by, the indemnifying party's own negligence or that of its officers, agents, or employees in performance of this Agreement. In the event of concurrent negligence or fault between Seattle and Tukwila, the obligations imposed under this paragraph shall only extend to the degree of concurrent negligence or fault. IX. OTHER PROVISIONS A. Tukwila shall retain ownership and usual maintenance responsibility for the road and sidewalk. B. Seattle will use best efforts to secure, for its own and Tukwila's benefit, a temporary construction easement for Seattle Work.