Agmt10 A Bright Idea (ABI) Mark Spahn

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C. City and Contractor waive all rights against each other and against all other subcontractors for loss or damage to the extent covered by insurance applicable to the Work. If the policies of insurance referred to in this section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed or obtain such consent. SECTION 13 - MISCELLANEOUS A. Cleanup: Contractor shall perform the Work so as to maintain the site in a clean, safe, and orderly condition. Contractor shall remove from the site all temporary structures, debris, and waste incident to its operation and clean all surfaces, fixtures, equipment, and the like. In addition, City may order Contractor to clean up its work areas at any time City deems such action necessary. B. Notices: All notices required or permitted under this Contract shall be in writing and may be accomplished by personal delivery, first-class regular mail of the United States Postal Service, Federal Express or other next day delivery, sent to the party at the address shown in this Contract, or by facsimile sent to the facsimile number shown in this Contract with confirmation of successful transmission. Any such written notice shall be effective upon the date of receipt. C. References: Words used in this Contract in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular. D. Waiver Savinas Clause: Waiver by Owner or Contractor of any breach hereof by Contractor shall not constitute a waiver of any subsequent breach of the same or any other provision. If any provision of this Contract, or any part thereof, shall be held to be invalid under any applicable federal, state, municipal, or other law, ruling, or regulation, then such provision shall remain in effect to the extent permitted, and the remaining provisions of this Contract shall remain in full force and effect. E. Governina Law: This Contract shall be governed and construed in accordance with the laws of the State of California. F. General Provisions: The provisions of this Contract shall extend to, bind and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns. G. Execution. This Contract may be executed in one or more identical counterparts. If so executed, each of the counterparts is to be deemed an original for all purposes and all such counterparts shall collectively constitute one agreement, but in making proof of this agreement, it shall not be necessary to produce or account for more than one of such counterparts. SECTION 14 - WARRANTY Contractor warrants to City that all materials and equipment furnished shall be new, and that all work, materials and equipment shall be free from faults and defects and of good quality. Contractor hereby warrants its work against all deficiencies and defects for a period of one year from the date of installation, and shall repair or replace, at City's option, any items or work found to be defective within that time. Contractor shall make the repair or replacement promptly, starting no later than five days after written notice from City. If Contractor fails to commence the repair or replacement within that time, City may perform the required work and deduct all costs from amounts due, or to become due to Contractor. SECTION 15 - LAWS TO BE OBSERVED A. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed ATTY/AGR/2010.040 050610 7