Res19 15814 - Laserfiche WebLink

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YMCA -SV shall cause its contractor(s) to make available certified payroll records for inspection at all reasonable hours at the office of the YMCA -SV and its contractor(s) for a minimum of 180 days after the filing of a notice of completion pursuant to Civil Code section 8182 or 9204, whichever is applicable. 7.6 Insurance. As more fully set forth in the Ground Lease, the YMCA -SV, to protect the City against any and all claims and liability for death, injury, loss and damage resulting from the YMCA-SV's actions in connection with this Agreement, the New YMCA and the YMCA Site, shall, at the YMCA-SV's sole cost and expense, maintain the following insurance (or its then reasonably available equivalent) during the period of construction of the Phase 2 Improvements: (a) Liability Insurance; (b) Builder's Risk Insurance; and (c) Worker's Compensation Insurance. Additionally, the YMCA -SV, to protect the City Parties, shall cause its contractors and subcontractors, at their sole cost and expense, to maintain Contractor's Insurance until issuance of a certificate of occupancy for the Phase 2 Improvements. Upon the issuance of a certificate of occupancy for the New YMCA, YMCA -SV shall maintain the types and amounts of insurance as set forth in the Ground Lease. 7.7 Anti -Discrimination. The YMCA -SV, for itself and its successors and assigns, agrees that in the construction and development of the Phase 2 Improvements as provided for in this Agreement, the YMCA -SV will not discriminate against any employee or applicant for employment on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code. 8. Defaults and Remedies 8.1 Default. Subject to extensions of time set forth herein, or any other extension of time that may be agreed to by the parties, and the specific remedies set forth in Section 8.5 ("Rights and Remedies are Cumulative") through Section 8.8 ("Liquidated Damages"), below, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The non -defaulting party shall notify the defaulting party that a default exists and that the defaulting party must cure or commence to cure and diligently prosecute to completion any such default within thirty (30) days of receipt of the notice of default. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. If the default is not commenced to be cured within thirty (30) days after service of the notice of default and is not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement, the defaulting party shall be liable to the non -defaulting party for damages caused by such default. Except as otherwise expressly provided in this Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies. 82483.00016\32444940. 5 10