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Is or is not) a "public work," as defined in Section 1720 of the Labor Code or under
<br />Davis - Bacon.
<br />The Developer knowingly and voluntarily agrees that the Developer shall have
<br />the obligation to provide any and all disclosures or identifications as required Labor Code
<br />Section 1781 and/or by Davis Bacon, as the same may be amended from time to time, or any
<br />other similar law or regulation. If and only if the representation and warranty provided he
<br />Agency to the Developer its this Section 311.1 remains true, correct and complete In every
<br />respect, the Developer shall Indemnify, protect, pay for, defend and hold harmless the Agency,
<br />the City and their respective officers, employees, agents and representatives from and against
<br />any and all loss, liability, damage, claim, cost, expense and/or "increased costs" (including
<br />reasonable attorneys fees, court and litigation costs, and fees of expert witnesses) which, in
<br />connection with the development, construction as defined by applicable law and/or operation of
<br />the Project, including, without limitation, any and all public Noy #1 as defined by applicable
<br />law), results or arises in any way from any of the following: i the noncompliance by the
<br />Developer with any applicable local, state and /or federal law or regulation, including, without
<br />limitation, any applicable federal and/or state labor laws or regulations (including, without
<br />lil itation If applicable, the requirement to pay state and/or federal prevailing wages); (ii) the
<br />implementation of Section 1781 of the Labor Code and/or of Davis Bacon, as the sage may be
<br />mended from time to tine, or any other similar law or regulation; and/or (iii) failure by the
<br />Developer to provide any required disclosure or identification as required by Labor Code
<br />Section 1781 and/or by Davis Bacon, as the same may be amended from time to titre, or any
<br />other similar law or regulation. If and only if the representation and warranty provided by the
<br />Agency to the Developer in this Section 311.1 remains true, correct and complete in every
<br />respect, it is agreed by the parties that, in connection with the development and constrUCtion as
<br />defined by applicable law or regulation) of the Project, including, without limitation, any and all
<br />public works (as defined by applicable law or regulation), the Developer shall bear all risks of
<br />payment or non-payment of prevailing Nvages under applicable federal, state and local la-%v or
<br />regulation and/or the implementation of Labor Code Section 1781 and/or by Davis Bacon, as the
<br />same may be amended from time to tine, and/or any other similar la-k or regulation. "Increased
<br />costs," used in this Section 311. 1, shall have the meaning ascribed to it in Labor Code
<br />Section 1781, as the saine may be amended froin time to time. The foregoing in emnity shall
<br />survive termination of this Agreement and shall continue after completion of the construction
<br />and development of the Project by the Developer.
<br />312. Liens and Stop Notices. From and after the Closing for a particular Phase and
<br />during the construction of such Phase, the Developer shall use all reasonable efforts to not allow
<br />to be placed on such Phase or any part thereof any lien or stop notice. If a claim of a lien or stop
<br />notice is given or recorded affecting any Phase of the Developer Improvements or any Phase of
<br />the Site or any portion thereof by reason of Developer's predevelopment, development and/or
<br />construction activity, the Developer shall within thi" 3 days of such recording or service or
<br />within five days of the Agency's demand whichever last occurs:
<br />(a) pay and discharge the same; or
<br />(b) affect the release thereof by recording and delivering to the Agency a
<br />surety bond in sufficient forth and amount, or otherwise; or
<br />3
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