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ARTICLE 10 - DAMAGE OR DESTRUCTION; EMINENT DOMAIN
<br /> 10.1 Damage or Destruction. Should the Facility be destroyed or substantially
<br /> damaged by fire, flood or other casualty, City, by written notice to Contractor given within sixty
<br /> (60)days following the occurrence of such event,shall have the right to terminate this Agreement,
<br /> and in such event neither party shall have any further obligation to the other party under this
<br /> Agreement, except with respect to liabilities accruing, or based upon events occurring,prior to the
<br /> effective date of such termination. For the purpose of this Section, the Facility shall be deemed to
<br /> have been substantially damaged if,in the reasonable opinion of City,frill and productive economic
<br /> use of the Facility cannot be made and the estimated length of time required to restore the Facility
<br /> substantially to its condition and character just prior to the occurrence of such casualty shall be in
<br /> excess of six(6)months. If this Agreement is not terminated in the event of damage to the Facility
<br /> because the damage does not amount to substantial damage as described above, then City shall
<br /> proceed with all due diligence to commence and complete restoration of the Facility to its condition
<br /> and character just prior to the occurrence of such casualty.
<br /> ARTICLE 11 - CAPITAL IMPROVEMENTS
<br /> 11.1 Capital Improvements. Any Major Capital Improvement performed by
<br /> independent contractors in excess of$25,000 shall be subject to California prevailing wage law,
<br /> codified at California Labor Code Section 1782, et seq., as it may be amended from time to time.
<br /> Any Major Capital Improvement project in excess of$25,000 shall be administered by City in
<br /> accordance with City's procurement ordinances, City's processes and procedures, and all
<br /> applicable local,state,and/or federal laws, Contractor shall have no authority to enter into separate
<br /> agreements with independent contractors for Major Capital Improvements (regardless of project
<br /> cost). However,in the event City desires Contractor to become involved in any capacity in a Major
<br /> Capital Improvement project(regardless of project cost), City shall notify Contractor in writing of
<br /> its intent to utilize Contractor's services as set forth in Section 3.6 of this Agreement.
<br /> Any non-Major Capital Improvement performed by independent contractors in excess of
<br /> $15,000 shall be subject to California prevailing wage law, codified at California Labor Code
<br /> Section 1782, et seq., as it may be amended from time to time. Any non-Major Capital
<br /> Improvement project in excess of$15,000 shall be administered by City in accordance with City's
<br /> procurement ordinances, City's processes and procedures, and all applicable local, state, and/or
<br /> federal state laws. Contractor shall have no authority to enter into separate agreements with
<br /> independent contractors for non-Major Capital Improvements (regardless of project cost).
<br /> However, in the event City desires Contractor to become involved in any capacity in a non-Major
<br /> Capital Improvement project(regardless of project cost), City shall notify Contractor in writing of
<br /> its intent to utilize Contractor's services as set forth in Section 3.6 of this Agreement.
<br /> Notwithstanding the above, Contractor is aware of the requirements of California Labor
<br /> Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
<br /> Section 16000, et seq., ("Prevailing Wage Laws''), which require the payment of prevailing wage
<br /> rates and the performance of other requirements on"public works" and"maintenance"projects. If
<br /> the services being performed are part of an applicable "public works" or `maintenance" project,
<br /> as defined by the Prevailing Wage Laws, Contractor agrees to fully comply with such applicable
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