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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 1N <br /> CONNECTION WITH THE WAIVERS D RELEASES OF THIS SECTION 3.9: <br /> ��. <br /> Initials of Authorized <br /> Developer Representative <br /> THE RESPONSIBILITY OF COMPLIANCE WITH THE CALIFORNIA <br /> LABOR CODE DURING THE CONSTRUCTION OF THE IMPROVEMENTS SUBJECT TO <br /> THIS REQUIREMENT RESTS WITH THE DEVELOPER. THE DEVELOPER SHALL <br /> 1NDEMNIFY THE CITY, PURSUANT TO SECTION 5.1, AGAINST ANY CLAIMS <br /> PURSUANT TO LABOR CODE SECTION 1781 ARISING FROM THIS AGREEMENT OR <br /> THE CONSTRUCTION OR INSTALLATION OF ALL OR ANY PORTION OF THE <br /> PROJECT. THE OBLIGATION OF DEVELOPER UNDER THIS SECTION 3.9. SHALL BE <br /> LIMITED TO ACTUAL OUT-OF-POCKET EXPENSES SUFFERED OR INCURRED BY <br /> CITY PARTIES AND SHALL NOT INCLUDE ANY CONSEQUENTIAL DAMAGES OR <br /> DAMAGES FOR LOST PROFITS. <br /> ARTICLE 4. SPECIFIC CRITERIA APPLICABLE TO DEVELOPMENT OF THE <br /> PROJECT. <br /> 4.1 Easements; Abandonments. City shall cooperate with Developer in connection <br /> with any arrangements for abandoning existing utility or other easements and facilities and the <br /> relocation thereof or creation of any new easements within the Developer Property or Public <br /> Access Parcels necessary or appropriate in connection with the development of the Project; and <br /> if any such easement is owned by City or an agency of City, City or such agency shall, at the <br /> ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA <br /> REV:08-18-15 VR <br /> Page 18 of 40 <br /> 82483.00019\9644366.16 <br />