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8.A. - Page 59 <br /> with this Agreement or otherwise. The Developer agrees to make its own regular inspections of <br /> the work of construction and installation of the Project to determine that the progress and quality <br /> of the Project and all other requirements of the work of construction and installation of the <br /> Project are being performed in a manner satisfactory to the Developer. <br /> 3.9 PREVAILING WAGES. <br /> THE DEVELOPER AGREES THAT ALL LABORERS EMPLOYED <br /> RELATIVE TO THE CONSTRUCTION OR INSTALLATION OF THE IMPROVEMENTS <br /> THAT WOULD ENTITLE DEVELOPER TO A CERTIFICATE OF COMPLETION, AS SET <br /> FORTH IN SECTION 4.6 OF THIS AGREEMENT, MUST BE PAID THE PREVAILING PER <br /> DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS DETERMINED BY THE <br /> STATE, PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ. AS REQUIRED <br /> UNDER THE PROVISIONS OF SECTION 1776 OF THE CALIFORNIA LABOR CODE, <br /> DEVELOPER SHALL CAUSE ITS CONTRACTOR(S) TO KEEP AN ACCURATE <br /> PAYROLL RECORD OF EACH EMPLOYEE EMPLOYED BY HIM IN CONNECTION <br /> WITH SUCH IMPROVEMENTS. IN THE EVENT OF A CLAIM THAT DEVELOPER OR <br /> ITS CONTRACTOR(S) HAVE FAILED TO COMPLY WITH THE PROVISIONS OF THIS <br /> SECTION 3.9, DEVELOPER SHALL CAUSE ITS CONTRACTOR(S) TO MAKE <br /> AVAILABLE CERTIFIED PAYROLL RECORDS FOR INSPECTION AT ALL <br /> REASONABLE HOURS AT THE OFFICE OF THE DEVELOPER AND ITS <br /> CONTRACTOR(S) FOR A MINIMUM OF 180 DAYS AFTER THE FILING OF A NOTICE <br /> OF COMPLETION PURSUANT TO CIVIL CODE SECTION 8182 OR 9204, WHICHEVER <br /> IS APPLICABLE. <br /> THE DEVELOPER, ON BEHALF OF ITSELF, IT'S SUCCESSORS, AND <br /> ASSIGNS, WAIVES AND RELEASES THE CITY FROM ANY RIGHT OF ACTION THAT <br /> MAY BE AVAILABLE TO ANY OF THEM PURSUANT TO LABOR CODE SECTION <br /> 1781. THE DEVELOPER ACKNOWLEDGES THE PROTECTIONS OF CIVIL CODE <br /> SECTION 1542 RELATIVE TO THE WAIVER AND RELEASE CONTAINED IN THIS <br /> SECTION 3.9, WHICH READS AS FOLLOWS: <br /> A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br /> WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT <br /> TO EXIST IN HIS OR HER FAVOR AT THE TIME OF <br /> EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM <br /> OR HER MUST HAVE MATERIALLY AFFECTED HIS OR <br /> HER SETTLEMENT WITH THE DEBTOR. <br /> BY INITIALING BELOW, THE DEVELOPER KNOWINGLY AND <br /> VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN <br /> CONNECTION WITH THE WAIVERS RELEASES OF THIS SECTION 3.9: <br /> Initials of Authorized <br /> Developer Representative <br /> 82483.00019\9644366. 13 <br /> ATTY /AGR /2015.146 /HAMILTON - WINSLOW DDA <br /> REV: 07 -22 -15 VR <br /> Page 18 of 102 <br />