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iWa:11:111VA <br />7.14 Applicable Law. This Agreement shall be interpreted, governed and <br />enforced under federal and California state law with venue in Orange County, California. <br />7.15 Third Parties. This Agreement is made for the sole benefit of Developer and <br />the City and their successors and assigns, and no other person or persons shall have any rights <br />or remedies under or by reason of this Agreement or any right to the exercise of any right or <br />power of the City hereunder or arising from any default by Developer, nor shall the City owe <br />any duty whatsoever to any claimant for labor performed or materials frnished in connection <br />with the construction of the Property. <br />8. CONDITIONS FOR CONSTRUCTION <br />8.1 Permits and Approvals. Developer shall diligently obtain all permits, <br />including all Building Permits, licenses, approvals, exemptions and other authorizations of <br />Governmental Agencies required in connection with the construction and conversion of the <br />Property. Developer shall follow Best Management Practices, as applicable, during <br />construction. <br />8.2 Commencement and Completion of Construction. The construction of <br />the Project shall be considered complete for purposes of this Agreement only when (a) all <br />work described has been completed and fully paid for, and (b) all work requiring inspection <br />or certification by Governmental Authority has been completed and all requisite <br />certificates, approvals and other necessary authorizations (including required final <br />certificates of occupancy) have been obtained. <br />8.3 Entry and Inspection. At all times prior to completion of the construction, <br />upon reasonable prior written notice and subject to reasonable job site safety rules, City <br />and its agents shall have (a) the right of free access to the Property and all sites away from <br />the Property where materials for the construction are stored, (b) the right to inspect all labor <br />performed and materials furnished for the construction, and (c) the right to inspect and <br />copy all documents pertaining to the construction. <br />8.4 Construction Information. From time to time, as needed, during the <br />course of the construction, within ten (10) Business Days following City's written demand <br />therefore, Developer shall furnish requested reports of Project Costs, progress schedules <br />and contractors' costs breakdowns for the construction, itemized as to trade description and <br />item, showing the name of the contractor(s) and/or subcontractor(s), and including such <br />indirect costs as real estate taxes, legal and accounting fees, insurance, architects' and <br />engineers' fees, loan fees, interest during construction and contractors' overhead. <br />8.5 Protection Against Liens: Developer shall diligently file a valid Notice of <br />Completion upon completion of the construction, diligently file a notice of cessation in the <br />event of a cessation of labor on the construction for a period of thirty (30) days or more, <br />and take all actions reasonably required to prevent the assertion of claims of lien against <br />the Property. In the event that any claim of lien is asserted against the property or any stop <br />notice or claim is asserted against the City by any person furnishing labor or materials to <br />the Property, Developer shall immediately give written notice of the same to City and shall, <br />15 <br />