Agmt20 HCP, Met Life, SCOA - Laserfiche WebLink

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(d) SCOA shall supply City with all warranty and guarantee documents relative to equipment and materials incorporated in the Levee Improvements and guaranteed by their suppliers or manufacturers. SCOA shall ensure that all warranties and guarantees are assignable, and shall assign all such warranties and guarantees to City on or before the Closing Date. (e) No lead or asbestos-containing materials will be installed at any time during construction of the Levee Improvements. If any lead or asbestos-containing materials are discovered to be any part of the Levee Improvements, SCOA will make an immediate written disclosure to City. (f) No electrical transformers, light fixtures with ballasts or other equipment containing PCBs will be installed at any time during construction of the Levee Improvements. (g) Between the date of this Agreement and the Closing Date, to the extent SCOA discovers Hazardous Materials, under or about the Levee Improvements, in violation of Environmental Laws, SCOA shall remediate the Hazardous Materials and obtain the issuance of closure letters without any requirement of further remedial work from all governmental agencies that may assert jurisdiction over the remediation of the Property or any adjacent property and provide copies of such closure letters to City. (h) SCOA shall pay, when due, all persons furnishing labor or materials in connection with the work of the Levee Improvements, and shall keep the Levee Assets free and clear of any mechanics' liens, property liens, or bonds. (i) SCOA will create (or cause to be created) and provide to City a manual which will detail the operation and maintenance of all systems and components of the Levee Improvements ("O&M Manual"). No later than substantial completion of the Levee Improvements, SCOA will provide a preliminary O&M Manual to the City for its review and comment. Within thirty (30) days of receipt, the City will provide any comments or requests for additional information to be included in the O&M Manual. The City shall provide comments with reasonable specificity and the City's approval of the O&M Manual shall not be unreasonably withheld or delayed. At least ten (10) days prior to the Closing Date, SCOA will provide City with a City-approved O&M Manual. SCOA will also coordinate with City to allow City representatives to participate in operational and maintenance training of the Levee Improvements systems and equipment. SCOA's covenants in this Article VI shall survive the Closing for the Survival Period. No claim for a breach of any covenant of SCOA will be actionable or payable if City does not notify SCOA in writing of such breach prior to the expiration of the Survival Period and commence a "legal action" thereon within ninety (90) days of delivery of such written notice. Section 6.2 Seller Covenants. Between the date of this Agreement and the Closing Date, except as otherwise specifically permitted in this Agreement, Seller shall not in any manner sell, convey, assign, transfer, encumber or otherwise dispose of the Levee Assets or any part thereof or interest therein. Without limiting the foregoing, Seller shall not enter into any OAK #4819-4834-1908 v20 Exhibit C Page 10