Item 19 - San Lorenzo Sewage Lift Station

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(iv) agree to any schedule changes; or (v) agree to any adjustments in the Contract amount or Remaining Work other than minor design changes or clarifications that do not increase the Project's cost nor extend its schedule , without the Surety's prior express written consent which shall be delivered to Owner as a condition precedent to the Completion Contractor negotiating items (i) through (v), such consent not to be unreasonably withheld. The Remaining Work shall be subject to inspection and acceptance by the Owner and applicable federal, state and local agencies with jurisdiction, as provided in the Contract. The Owner shall forward concurrently to Surety (by U.S. Mail or email as appropriate), a copy of all its written communications directed to the Completion Contractor. 9. Surety Representative. All communications and administration will be between the Owner and the Surety and its consultant, Richard Tropp of J.S. Held, LLC (the "Consultant"). The Surety hereby designates and authorizes Consultant to sign, on Surety's behalf, any instrument which is required, or may be requested, by the Owner in connection with the administration of the Contract. 10. Preservation of the Penal Sum Of Performance Bond. The Owner hereby confirms that Arch's liability and obligation hereunder shall not extend beyond the penal sum of its Performance Bond. All payments made by Arch previously, and those made in the future, have been and will be credited against the penal sum of the Performance Bond, less the amount paid to Arch under the Contract and this Agreement. Neither this Agreement nor any other Arch act constitutes a waiver of such penal sum or an increase in the liability of Arch under the Performance Bond. 11. Payment Bond and Payment Bond Claims. The Payment Bond shall remain in full force and effect in accordance with its terms and provisions. The total liability of the Surety under the Payment Bond is limited to and shall not exceed the penal sum of the Payment Bond. 12. Payment Requisitions. Surety, through its Completion Contractor, shall submit to Owner whatever information or documentation is required regarding the work performed under the Contract, to conform and support the requisition process and schedule established under the Contract. Owner recognizes that Surety shall be completing the Remaining Work through the services of the Completion Contractor. Subject to requirements of the Contract Documents, Owner shall accept the Completion Contractor's work, progress of the work, quality of the work, conformance of the work to the requirements of the Contract, payments to others, warranty and maintenance of the work, and all other matters pertinent to the Contract, wherever such representations are required by the Contract, as if those representations had been made by Surety, since Surety may have no personal knowledge of such matters. 13. Satisfaction of Surety's Performance Obligation. Surety's satisfaction of its obligations under the Contract, the Bonds and this Agreement or Surety's expenditure of the Performance Bond Penal Sum, whichever comes first, shall satisfy Surety's performance obligations under the Contract, its Performance Bond and this Agreement. Owner represents that Principal would have been required to complete all of its 4