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2.5.4 For purposes of this Section, a "Force Majeure Event" shall mean any of the following <br />events that materially and adversely interferes with or increases the costs of performing SANTA <br />ANA's obligations hereunder, provided that such event (or the effects of such event) could not <br />have been avoided by SANTA ANA's use of reasonable efforts: naturally occurring events <br />(such as landslides, underground movement, earthquakes, fires, tornadoes, hurricanes, floods, <br />li.ghtna.ng; epidemics- and -other acts of -God), Hazardous Material Management, Activities (see <br />Section 9), explosionisabotage or other act of_war _or public enemy, <br />2.5.5 SANTA ANA shall require and ensure that the Contractor selected pursuant to this <br />Section and each of the Contractor's subcontractors abide by the insurance requirements as <br />specified in Exhibit G (Insurance, Bonds and Warranties), and name each Party and JWA as an <br />additional insured, and that such Contractor's and subcontractors' indemnity, defense, hold <br />harmless, and insurance obligations under SANTA ANA's agreement with the Contractor <br />expressly benefit each other Party and JWA in the same manner and to the same extent as <br />SANTA ANA. <br />2.5.6 SANTA ANA shall require and ensure that the Contractor, prior to commencement of <br />construction, furnish a faithful performance bond, payment bond, and warranty bond in an <br />amount equal to the estimated construction cost of the Facilities (including labor and materials). <br />and to perform contract obligations. These bonds shall, at a minimum, comply with the <br />requirements specified in Exhibit G. Each bond shall name the Parties and JWA as beneficiaries <br />and grants each Project Representative the right to enforce the bond to complete the Facilities in <br />compliance with all construction obligations including but not limited to those for warranties. <br />SANTA ANA and the Project Representatives agree to not release the Contractor from its <br />bond(s) without the first obtaining mutual written approval by the Project Representatives. <br />2.5.7 During construction, SANTA ANA shall provide access for purposes of inspection by <br />any Project Representative to ensure that the Project work is being performed in accordance with <br />the Approved Plans. Any Party's entry during construction upon COUNTY land shall require <br />prior notice to JWA. <br />2.5.8 After construction, SANTA ANA shall submit to OCFCD Director for written approval a <br />Notice of Completion of the Diversion Structure and any other Facilities on OCFCD and/or <br />COUNTY right-of-way, which approval shall not be unreasonably delayed, and only after <br />receiving approval, file/record the approved Notice of Completion and furnish OCFCD two <br />copies of the Notice of Completion and one (1) set of Mylar (reversed fixed — line photo Mylar) <br />copies and electronic files in a format acceptable to OCFCD of the approved "Record Drawings" <br />for the Facilities within OCFCD and/or COUNTY right-of-way. Approval shall be withheld <br />only for work not completed per the Approved Plans. <br />2.5.9 SANTA ANA agrees to not release the Contractor from its performance bond or <br />irrevocable letter of credit obligations prior to receipt of written approval from JWA and the <br />Director to the Notice of Completion. <br />2.5.10 SANTA ANA shall be responsible to maintain the Channel and all OCFCD and <br />COUNTY improvements impacted by the Project and/or within Project construction areas, <br />according to OCFCD/COUNTY and JWA standards and criteria, until OCFCD/COUNTY and <br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 15 of 69 <br />