Agmt20 HCP, Met Life, SCOA - Laserfiche WebLink

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(b) SCOA and Owners Not Agent of Cit . Neither SCOA nor Owners nor SCOA's or Owners' contractors, subcontractors, agents, officers, or employees are agents or employees of City and SCOA's and Owners' relationship to City, if any, arising from this Agreement is strictly that of an independent contractor. (c) Payments. SCOA will pay, when due, all those furnishing labor or materials in connection with the Levee Improvements work. SCOA further agrees that pursuant to Government Code section 66499.7, the payment security provided by SCOA in accordance with Subsection 17(b) of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 8424. (d) Attorneys' Fees. Should any legal action or arbitration be brought by any Party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit, reasonable attorneys' fees, arbitration costs and such other costs as may be determined by the court or arbitrator. (e) Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows: To SCOA: Stonybrook Associates, Inc. 45874 S. Fork Drive Three Rivers, CA 93271 Attn: Don Warren Tel: 559.561.4784 With copy to: METROPOLITAN LIFE INSURANCE COMPANY 425 Market Street Suite 1050 San Francisco, CA 94105 Attn: Asset Manager — Seaport and: Andrew R. Cressman Vice President HCP, Inc. 3000 Meridian Boulevard, Suite 200 Franklin, TN 37067 OAK #4819-4834-1908 v20 30