Item 14 - Santa Ana Zoo Giant River Otter and Primate Trails

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4. Surety to Perform Remaining Work. Surety shall be responsible for the completion of all Work, including the replacement of the Holding Building Roof as outlined below in this Section, in accordance with the conditions of the bond, Contract, and this Agreement ("Remaining Work/Obligations"), specifically, but not limited, to the conditions described under section 10 of the Terms and Condition listed below. Surety shall perform the Remaining Work through one or more completion contractors (hereinafter "Completion Contractor"), subject to written approval by the Owner, which Surety shall engage 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. Additionally, HYM inadvertently removed the existing standing seam metal roof of the Holding Building. GAIC shall replace the standing seam metal roof in kind at no cost to Owner and Owner will pay for any necessary repairs to the existing damage of the standing seam metal roof substrate through an additive change order to be negotiated after construction resumes. In exchange for providing this new standing seam metal roof, GAIC will not be required to provide the specified cool roof membrane system over the new standing seam metal roof. Owner agrees to assign its rights for the replacement of the roof only under HYM's Commercial General Liability insurance policy. The Parties agree to cooperate with another to the extent reasonably necessary in submitting any potential insurance claim(s) with HYM's Commercial General Liability insurance carrier. 4.1 Disputed Work. The parties acknowledge that there is a disagreement whether the scope of work outlined in PCO No. 11 was validly executed and thus, incorporated as part of the Contract and Remaining Work/Obligations ("Disputed Work Item."). In order to avoid any further delay of the Project, GAIC and Owner shall in good faith continue to work together to resolve any and all pending issues pertaining to this Disputed Work Item to the extent practicable after the execution of this Agreement. Owner and GAIC shall retain any and all rights provided by the either the Contract, this Agreement, or by law which pertain to resolving the Disputed Work Item through any legal means available. 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 3