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CONTRACTOR shall provide clear title to all materials supplied hereunder free and clear of <br />all encumbrances. <br />9. BREACH OF AGREEMENT <br />CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by <br />virtue of any breach of Agreement by CONTRACTOR, and CITY may withhold any <br />payment to CONTRACTOR for the purpose of set-off until such time as the exact amount of <br />damages due CITY from CONTRACTOR is determined. In addition, CITY may pursue all <br />remedies available under law for breach of this Agreement. The waiver be either party of <br />any breach to this Agreement shall not constitute a waiver as to any succeeding breach. <br />10. COMPLIANCE WITH LAWS <br />In the performance of this Agreement, CONTRACTOR shall abide by and conform to (and <br />shall ensure that CONTRACTOR's subcontractors, if any, shall abide by and conform to) <br />any and all applicable laws, statutes, safety rule's, and practices of the United States, the State <br />of California, the Charter and Ordinances of the City of Santa Ana, and any other local laws <br />(Laws and Practices). Further, CONTRACTOR warrants that all work done under this <br />Agreement shall be in strict compliance with such Laws and Practices, including, but not <br />limited to, Cal/OSHA regulations. <br />CITY reserves the right that CITY's Authorized Representative may enter the work site to <br />make reasonable inspections to monitor compliance with such Laws and Practices, and with <br />the terms of this Agreement. The CONTRACTOR shall at all times maintain proper <br />facilities and provide safe access for inspection by CITY, its engineer or representatives, to <br />all parts of the work and associated jobs. Where the specifications require work to be <br />specially tested or approved, it shall not be tested without timely notice to CITY of its <br />readiness for inspection and without approval thereof, or consent thereto by the latter. <br />CITY also reserves the following rights under this Agreement: <br />a. If CITY's Authorized Representative identifies a <br />noncompliance situation, the Authorized Representative may inform CONTRACTOR of <br />same and require that the situation be promptly rectified to the satisfaction of CITY's <br />Authorized Representative. <br />b. If CITY's Authorized Representative identifies a <br />Noncompliance situation, which in the opinion of the Authorized Representative, constitutes <br />an immediate potential for bodily harm or significant property damage, the Authorized <br />Representative may contact CONTRACTOR's Authorized Representative and recommend <br />that work be stopped until the situation is rectified to the satisfaction of CITY's Authorized <br />Representative. <br />C. If CITY's Authorized Representative identifies a <br />Noncompliance situation, which in the opinion of the Authorized Representative, constitutes <br />an imminent danger of serious bodily harm or death, the Authorized Representative may <br />