3_Exhibits E-G - Laserfiche WebLink

(v) Estimated completion date (vi) Scope of Work (B) A copy of the first page and signature page of the subcontract;and (C) Such additional information as may be reasonably requested in writing by the City to ensure compliance with the foregoing provisions, including without limitation copies of the Contractor's sales and use tax returns and schedules of purchases of materials, fixtures, equipment, and machinery. (e) Acknowledge and agree to the following: CONTRACTOR ACKNOWLEDGES AND AGREES THAT THE CITY IS A THIRD PARTY BENEFICIARY OF THE FOREGOING PROVISIONS AND THAT CONTRACTOR'S AGREEMENT TO COMPLY WITH SUCH PROVISIONS FOR THE BENEFIT OF THE CITY IS A MATERIAL INDUCEMENT TO DEVELOPER IN ENTERING INTO THIS CONTRACT. CONTRACTOR FURTHER AGREES THAT ANY FAILURE BY CONTRACTOR TO COMPLY WITH THE FOREGOING PROVISIONS MAY BE DIRECTLY ENFORCED BY THE CITY. WITHOUT LIMITING THE REMEDIES OR OWNER OR THE CITY, THE CITY SHALL HAVE THE RIGHT TO SEEK, AS DAMAGES, THE FULL AMOUNT OF ANY SALES AND USE TAXES NOT ALLOCATED TO THE CITY AS A RESULT OF CONTRACTOR'S FAILURE TO COMPLY WITH THE FOREGOING PROVISIONS, WITHOUT REGARD TO WHETHER CONTRACTOR OR ITS SUBCONTRACTORS PAID SUCH SALES AND USE TAX, TOGETHER WITH INTEREST AT THE LOWER OF 1 0% OR THE HIGHEST INTEREST RATE ALLOWED BY LAW. 4412928_2 -21- in connection with the work to be performed hereunder,and(ii) issue resale certificates to Contractor's suppliers,whether based in state or out of state, when purchasing materials and fixtures. The"transfer of title clauses" in such purchase contracts shall:(A) explicitly provide for the transfer of title to the materials prior to the time materials are installed,and(B) separately state the price of materials,exclusive of the charge for installation. (d) Provide the Developer and the City, upon the reasonable request of either, with: (A) A list of contractors and subcontractors in connection with the work to be performed hereunder,which list shall include(unless such information requires the disclosure of confidential information,trade secrets,or information that impairs the Developer's ability to gain pricing advantages relative to materials and services): (i) Name of subcontractor (ii) Address and telephone number of headquarters or office (iii) Name and telephone number of contact person (iv) Estimated value of the contract 4412928_2 -20- ress to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below If to City,to: City of Pleasanton City Hall 123 Main Street P.O. Box 520 Pleasanton, CA 94566 4412928_2 -12- its own legal counsel at its own expense. Section 5.06 Defaults. In the event City or Developer defaults under the terms of this Agreement, City or Developer shall have all rights and remedies provided under law. No default hereunder shall render invalid the lien of any deed of trust,mortgage or security interest in or upon the Property or any improvements or fixtures at any time located thereon. 4412928_2 -11- of this Section 5.03, City shall not: (a) impose any conditions of approval or other requirements upon any Subsequent Approvals that conflict with any Project Approvals or that could prevent or 4412928_2 -10- the Project, which list shall include the following items: 4412928_2 -8-