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7.A. - Page 161 <br /> any such City inspections are for the sole purpose of protecting the City's rights under this <br /> Agreement, are made solely for the City's benefit, that the City's inspections may be superficial <br /> and general in nature, and are for the purposes of informing the City of the progress of the <br /> Project and the conformity of the Project with the terms and conditions of this Agreement, and <br /> that the Developer shall not be entitled to rely on any such inspection(s) as constituting the City's <br /> approval, satisfaction or acceptance of any materials, workmanship, conformity of the Project <br /> with this Agreement or otherwise. The Developer agrees to make its own regular inspections of <br /> the work of construction and installation of the Project to determine that the progress and quality <br /> of the Project and all other requirements of the work of construction and installation of the <br /> Project are being performed in a manner satisfactory to the Developer. <br /> 4.11 PREVAILING WAGES. <br /> 4.11.1 THE DEVELOPER AGREES THAT ALL LABORERS EMPLOYED <br /> RELATNE TO THE CONSTRUCTION OR 1NSTALLATION OF THE PRO7ECT MUST BE <br /> PAID THE PREVAILING PER DIEM WAGE RATE FOR THEIR LABOR <br /> CLASSIFICATION, AS DETERMINED BY THE STATE, PURSUANT TO LABOR CODE <br /> SECTIONS 1720, ET SEQ. AS REQUIRED UNDER THE PROVISIONS OF SECTION 1776 <br /> OF THE CALIFORNIA LABOR CODE, DEVELOPER SHALL CAUSE ITS <br /> CONTRACTOR(S) TO KEEP AN ACCURATE PAYROLL RECORD OF EACH EMPLOYEE <br /> EMPLOYED BY HIM 1N CONNECTION WITH THE PRO7ECT. 1N THE EVENT OF A <br /> CLAIM THAT DEVELOPER OR ITS CONTRACTOR(S) HAVE FAILED TO COMPLY <br /> WITH THE PROVISIONS OF THIS SECTION 4.11.1, DEVELOPER SHALL CAUSE ITS <br /> CONTRACTOR(S) TO MAKE AVAILABLE CERTIFIED PAYROLL RECORDS FOR <br /> 1NSPECTION AT ALL REASONABLE HOURS AT THE OFFICE OF THE DEVELOPER <br /> AND ITS CONTRACTOR(S) FOR A MINIMUM OF 180 DAYS AFTER THE FILING OF A <br /> NOTICE OF COMPLETION PURSUANT TO CIVIL CODE SECTION 8182 OR 9204, <br /> WHICHEVER IS APPLICABLE. <br /> 4.11.2 THE DEVELOPER, ON BEHALF OF ITSELF, ITS SUCCESSORS, <br /> AND ASSIGNS, WAIVES AND RELEASES THE CITY FROM ANY RIGHT OF ACTION <br /> THAT MAY BE AVAILABLE TO ANY OF THEM PURSUANT TO LABOR CODE <br /> SECTION 1781. THE DEVELOPER ACKNOWLEDGES THE PROTECTIONS OF CIVIL <br /> CODE SECTION 1542 RELATNE TO THE WANER AND RELEASE CONTAINED 1N <br /> THIS SECTION 4.11, 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 1N HIS OR HER FAVOR AT THE TIlVIE 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 /> 4.11.3 BY 1NITIALING BELOW, THE DEVELOPER KNOWINGLY AND <br /> VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY 1N <br /> CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 4.11: <br /> 82483.00009\7571312.11 33 <br /> ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM <br /> REV: 07-19-13 PT <br />