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9. BREACH OF AGREEMENT <br />Contractor shall not be relieved of liability to City for damages sustained by City <br />by virtue of any breach of Agreement by Contractor, and City may withhold any payment <br />to Contractor for the purpose of set-off until such time as the exact amount of damages <br />due City from Contractor is determined. In addition, City may pursue all remedies <br />available for breach of this Agreement. The waiver by either parry of any breach to this <br />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 <br />(and shall ensure that Contractor's subcontractors, if any, shall abide by and conform to) <br />any and all applicable laws, statutes, safety rules, and practices of the United States, the <br />State of California, the Charter and Ordinances of the City of Santa Ana, and any other <br />local laws (Laws and Practices). Further, Contractor warrants that all work done under <br />this Agreement shall be in strict compliance with such Laws and Practices, including, but <br />not limited to, Cal/OSHA regulations. <br />City or it Authorized Representative reserves the right to enter the work site to <br />make reasonable inspections, to monitor compliance with such Laws and Practices, and <br />with 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 City. <br />City also reserves the following rights under this Agreement: <br />a. If City Authorized Representative identifies a noncompliance situation, <br />the Authorized Representative may inform Contractor of same and require that the <br />situation be promptly rectified to the satisfaction of City's Authorized Representative. <br />b. If City Authorized Representative identifies a Noncompliance situation, <br />which in the opinion of the Authorized Representative, constitutes an immediate potential <br />for bodily harm, danger of serious bodily harm or death, or significant property damage, <br />the Authorized Representative may contact Contractor's Authorized Representative and <br />recommend that work be stopped until the situation is rectified to the satisfaction of <br />City's Authorized Representative. <br />The election of City not to exercise its rights under sub -paragraphs a through b <br />above shall impose no liability on City, nor shall it relieve Contractor of any of its duties <br />or obligations under the terms of this Agreement. Additionally, the election of City to <br />exercise its rights under subparagraph a through b above shall impose no liability on City, <br />nor shall it relieve Contractor of any of its duties or obligations under the terms of this <br />Agreement, provided that City acted in good faith in the exercise of such rights. <br />W <br />