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

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10. Preservation of the Penal Sum Of Performance Bond. The Owner hereby confirms that GAIC's liability and obligation hereunder shall not extend beyond the penal sum of its Performance Bond. All payments made by GAIC 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 GAIC under the Contract and this Agreement. Neither this Agreement nor any other GAIC act constitutes a waiver of such penal sum or an increase in the liability of GAIC 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 all information and/or documentation 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 obligations under the Contract had Principal not been declared to be in default and that, prior to the date of this Agreement and other than approved changed orders, Owner had not made any agreement with Principal that any item of work included in the Contract would not have to be performed. 14. Notices. All notices and correspondence to Owner, other than routine email correspondence, shall be mailed, with a copy by email, to: Nabil Saba P.E. Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 nsaba(&,santa-ana. org 5