Laserfiche WebLink
employees, agents or representatives, which prevent Borrower from complying with <br />Governmental Requirements. If, at any time, Borrower believes that the City or its officials, <br />officers, employees, agents or representatives, are preventing Borrower from complying with <br />Governmental Requirements, then Borrower shall provide notice to the City of the basis of such <br />conclusion by Borrower to enable the City to take such actions as may be necessary or <br />appropriate to enable Borrower to comply with Governmental Requirements. The indemnity and <br />defense obligations under this Agreement shall survive the expiration or earlier termination of <br />this Agreement, until all claims against any of the Indemnitees involving any of the indemnified <br />matters are fully, finally, absolutely and completely barred byAp-xlicable statutes of limitations <br />Initials <br />(e) Borrower, on behalf of itself, its successors and assigns, waives and <br />releases the City from any right of action that may be available to any of them pursuant to Labor <br />Code sections 1726 or 1781. Borrower acknowledges the protections of Civil Code section 1542 <br />relative to the waiver an release contained in this Section 3.4, which reads as follows: <br />A general release does not extend to claims that the creditor or <br />releasing party does not know or suspect to exist in his or her <br />favor at the time of executing the release and that, if known by <br />him or her, would have materially affected his or her settlement <br />with the debtor or released party. <br />By initialing below, Borrower knowingly and v tartly waives the provisions of <br />Civil Code section 1542 solely in connection with the waive releases of this Section 3.4. <br />Bon a Initials <br />Section 3.5 Inspections. Borrower understands and agrees that it will be <br />monitored by the City from time to time to assure compliance with all terms and conditions <br />in this Agreement. Borrower acknowledges that the City may also conduct periodic on -site <br />inspections of the Project or the City Funded Improvements, during normal business hours. <br />Borrower shall cooperate with the monitoring by the City and ensure access to the Project <br />and all information related to the Project as required by the City. The City shall indemnify <br />and hold Borrower and its agents, attorneys, officers, employees, contractors, and <br />authorized representatives harmless from any and all claims, damages, injury, property <br />damage or liability arising out of the exercise by the City of the right of access to the <br />Property provided in this Section 3.5, other than injury, property damage or liability arising <br />from the negligence or willful misconduct of Borrower or its officers, agents or employees. <br />Section 3.6 City Consultant. If the City reasonably decides it is necessary, the <br />City shall have the further right, from time to time, to retain a consultant or consultants at <br />City's sole cost to inspect the Project and verify compliance by Borrower with the <br />provisions of this Agreement. Borrower acknowledges and agrees that any such <br />inspections are for the sole purpose of protecting the City's rights under this Agreement, <br />are made solely for the City's benefit, that the inspections may be superficial and general in <br />nature, and are for the purposes of informing the City of the progress of the Project and the <br />55394.00049A0884170,6 8 <br />