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construction thereof, but excluding any liability resulting from the gross negligence or willful <br />misconduct of Lessor, and excluding any liens resulting from the actions of, or work performed <br />by, the Lessor. <br />5.2 Prevailing Wages. <br />5.2.1 THE TENANT AGREES WITH THE CITY THAT THE TENANT SHALL <br />ASSUME ANY AND ALL RESPONSIBILITY AND BE SOLELY RESPONSIBLE FOR <br />DETERMINING WHETHER OR NOT LABORERS EMPLOYED RELATIVE TO THE <br />CONSTRUCTION OR INSTALLATION OF THE PROJECT MUST BE PAID THE <br />PREVAILING PER DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS <br />DETERMINED BY THE STATE, PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ. <br />5.2.2 THE TENANT, ON BEHALF OF ITSELF, ITS SUCCESSORS, AND <br />ASSIGNS, WAIVES AND RELEASES THE CITY FROM ANY RIGHT OF ACTION THAT <br />MAY BE AVAILABLE TO ANY OF THEM PURSUANT TO LABOR CODE SECTION 1781. <br />THE TENANT ACKNOWLEDGES THE PROTECTIONS OF CIVIL CODE SECTION 1542 <br />RELATIVE TO THE WAIVER AND RELEASE CONTAINED IN THIS SECTION 4.8, <br />WHICH READS AS FOLLOWS: <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO <br />EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING <br />THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST <br />HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT <br />WITH THE DEBTOR. <br />5.2.3 BY INITIALING BELOW, THE TENANT KNOWINGLY AND <br />VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN <br />CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 4: <br />Initials of Authorized <br />Tenant Representative <br />5.2.4 ADDITIONALLY, THE TENANT SHALL INDEMNIFY, DEFEND AND <br />HOLD HARMLESS THE CITY AGAINST ANY CLAIMS PURSUANT TO LABOR CODE <br />SECTION 1781 ARISING FROM THIS AGREEMENT OR THE CONSTRUCTION OR <br />INSTALLATION OF ALL OR ANY PORTION OF THE PROJECT. <br />5.3 Tenant's Assurance of Construction Completion. Prior to commencement of <br />construction of the Initial Improvements, or any phase thereof, within the Premises by Tenant, <br />Tenant shall furnish to Lessor evidence that assures Lessor that sufficient monies will be available <br />to complete the proposed construction. The amount of money available shall be at least the total <br />estimated construction cost. Such evidence may take one of the following forms: <br />5.3.1. Performance bond and labor and materials bond in a principal sum equal to <br />the total estimated construction cost supplied by Contractor or subcontractors - <br />Page 115 <br />75A-62 <br />