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

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with copy to: City Attorney City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 j montoya&Santa-ana. org All notices and correspondence to Surety, other than routine email correspondence, shall be mailed and emailed to: C. Michael Mason, Esq. Senior Financial Products Claims Professional Great American Insurance Company 301 East Fourth Street, 241h Floor Cincinnati, OH 45202 cmason3ngai_g com With a copy to: Mike Tomeo J.S. Held, LLC 1375 Dove Street, Suite 250 Newport Beach, California 92660 mtomeogj sheld.com 15. No Third -Party Rights. Nothing in this Agreement shall be deemed to create any rights in favor of, or to inure to the benefit of, any third parties, or to waive or release any defense or limitation against third party claims. 16. All Claims Referred to Surety. Owner recognizes that Surety may be liable to unpaid suppliers and subcontractors of Principal. Other than as required by law, Owner agrees to make no representations or promises of payment to these suppliers and subcontractors and to refer all inquiries to Surety. 17. Surety's Performance Rights Confirmed. Nothing shall limit Surety's rights as a Completing Surety under the Contract and applicable law. Owner hereby recognizes those rights, including the right of equitable subrogation. Further, Owner recognizes Surety's rights as a performing Surety under the Contract, including the right to additional compensation or damages where allowed or appropriate under the Contract or applicable law for claims or matters arising after the date of this Agreement. The Owner expressly agrees and acknowledges: (i) that Surety is entering into this Agreement not as a contractor, but as a means of satisfying the Surety's performance bond obligations; (ii) that the Surety has provided to Owner the Completion Contractor, a 2