Item 19 - San Lorenzo Sewage Lift Station

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pursuant to the terms of a separate agreement. Owner hereby acknowledges that Surety is not acting as a contractor and is not licensed as a contractor in the State of California, and hereby agrees to fully and forever waive and release any and all claims that Owner might allege against Surety on the grounds that Surety is an unlicensed contractor for the work performed pursuant to the Agreement. 5. Owner's Rights and Obligations Under the Contract. Except to the extent provided in this Agreement, Owner shall have all rights, obligations and responsibilities under the Contract with respect to Surety, to the reasonable extent and effect as if Surety had executed the Contract. 6. Owner's Right With Respect to Changes in the Work. Owner reserves the right, to the extent appropriate under the Contract and this Agreement, to issue Change Orders. The terms of these Change Orders, including attendant extensions of time and valuation of Change Order work, shall be determined as provided in the Contract. Surety reserves the right to refuse to perform any extra or additional work if such work constitutes a cardinal change under the Contract. Owner reserves the right to dispute that the extra or additional work constitutes a cardinal change and to immediately submit the dispute to mediation with a mutually agreeable mediator followed, if necessary, by legal action, including but not limited to any appropriate injunctive or other equitable relief. 7. Schedule for Completion of Remaining Work and New Completion Date. Within ten (10) calendar days after the Effective Date of this Agreement, Completion Contractor shall furnish to Owner all insurance certificates and other proofs of insurance required by the Contract, prior to starting work. The Owner will give a Notice to Proceed after all insurance requirements of the Contract have been met. Within thirty (30) days after the Notice to Proceed is issued, Surety and Owner will agree upon the "Takeover Final Completion Date" by which Surety shall complete the Project. Owner waives any right to liquidated damages permitted under the Contract accruing prior to the "Takeover Final Completion Date," but retains the right to assess liquidated damages if the Surety does not complete the Project by the Takeover Final Completion Date, subject to claims by Surety for excusable and/or compensable delay, at the rate of $1,500 per calendar day, and at Owner's discretion. If assessed by the Owner, Arch shall be liable for liquidated damages after the Takeover Final Completion Date. 8. Completion Contractor. The Completion Contractor shall be a contractor to the Surety, and no contractual relationship shall exist between Owner and Completion Contractor pursuant to this Agreement. Insurance and license requirements for the Completion Contractor shall be in accordance with the Contract Documents. The Completion Contractor shall not be required to procure new surety bonds identifying the Owner as obligee. Owner acknowledges that, subject to the terms of the Contract, the Completion Contractor is authorized to make routine day-to-day decisions regarding the operation and manner of performing the Remaining Work, but does not have authority to: (i) agree to any changes in the Contract or Remaining Work other than minor design changes or clarifications that do not increase the Project's cost nor extend its schedule (ii) agree to any Change Orders; (iii) agree to any back charges or deductions of any nature; 3